anotherlimey

Hi guys,

I'm on an L1b visa which expires Dec '06 but I'm due to get married to a USC before then. My question is, can I get married on an L1b and then change my status? or will I have to inform someone of my intentions and adjust my status first?

I've searched the forums but couldn't find anything on L1bs and marriage.

Perhaps someone could point me to a relevant website?

thanks,
tom

Bob

Not sure here, but would think it wouldn't be a problem to adjust status after marriage, and if before the L1 visa expired, you should still be work authorised...
I'm sure someone will chime in if I'm wrong though.

Peter Newton

I adjusted status from an L1-A. Got married on the visa, then applied for AOS.

Have a look at this...

http://www.shusterman.com/245hl-300.html

Folinskyinla

Hi:

You can adjust status while in L-1b status after getting married. In fact, your case is the classic "no problem" for Section 245 adjustment.

anotherlimey

I see, I just read the part you are referring to:

I guess I'm under the first category, i.e. already inspected and admitted.

thanks,
tom

anotherlimey

Does anyone know if I would have to surrender my L1b visa at the time of AOS? i.e. will I need to apply for Advance Parole if I want to temporarily leave the US, or can I leave and re-enter on my L1b (assuming it's unexpired)?

Bob

Errr...if your not working for the same place at the time, then I don't think you could use that visa to come back to the states, so would need AP???

anotherlimey

Ooops, I'm not being clear. Yes I'll be working at the same place, I'm just hoping to avoid applying for the AP if possible.

The situation would be: I have my L1b, I get married, I apply for AOS along with the EAD so I would receive a work permit; but I would still have the L1b visa, so while I'm waiting for Conditional Permanent Residence would I need AP, or would my original L1b allow me to leave and re-enter the US?

-tom

hcj1440

My husband was also on L-1B when we married; we subsequently applied for AOS and have successfully adjusted. AFAIK, you can apply for an EAD, but the minute you use it, you will invalidate your L-1B. At that point, you would need AP to travel.

So either you work and travel on your valid L-1B, or you get EAD and AP together.

hcj1440

Also AFAIK, adjusting from an L-1B is the exact same procedure as adjusting from an H-1B. There are a lot more posts about adjusting from an H-1B. So just look for those posts.

Bob

makes it a lot simpler then

Well I guess you'd still need AP because if you leave the country with a pending AOS, it'll be considered that your abandoning it, I would imagine.

Bluegrass Lass

That's exactly what I was thinking Bob. I don't think it matters what visa you have; once you apply for AOS, I'm pretty sure (not 100% tho) you have to apply for AP to leave the country so that USCIS does not think you are abandoning your petition.

anotherlimey

Thanks guys,

-tom

Folinskyinla

Hi:

While you AOS application is pending, your L-1b will remain valid for work authorization. If you you have a valid L-1b visa and you are working for the same employer, you will NOT need advance parole.

However, at the time of AOS, your visa will be cancelled [which is a good idea anyways] and you won't need a seperate EAD or travel document.

Many people apply for an obtain an AP and an EAD simply to give them job flexibility.

Good luck.

Folinskyinla

Hi:

Having an EAD does NOT invalidate the L-1b. Working for another employer does. I would recommend having an EAD in hand if there is a chance of changing jobs. Its like an insurance policy.