Adjusting from a L 1 Visa
Jan 6th 2021, 1:47 pm
#31
BE Enthusiast
Joined: Aug 2010
Location: NYC
Posts: 470
Re: Adjusting from a L 1 Visa
my lawyer said, they don't file concurrently for the main reason that if the I-140 is denied, the applicant doesn't then lose filing fees for the I-485. I got told that no matter how strong the I-140 is - USCIS has become much more unpredictable. He also said it would only affect processing time by a couple of months. Its very difficult to know what to do but I just have to have faith in my lawyer....
The I-140 does not have Premium Processing yet in the EB1C category (although USCIS have been instructed in Q4 ‘20 to make this available), and so you are looking at 6-12 months before the I-140 is adjudicated.
Please make sure that your L1/L2 remain valid before your intended return to the US, and please factor in the potential Mexico 2-weeks layover. That said President-Elect Biden is widely expected to revoke the Europe/UK blanket travel ban, which would mean you could fly straight back from the UK to the US with a negative Covid-19 test.
Jan 6th 2021, 8:38 pm
#32
BE Enthusiast
Joined: Sep 2017
Location: Miami
Posts: 462
Re: Adjusting from a L 1 Visa
In that case it may actually serve your interest to travel right now before the I-485 (and quite possibly the I-131/765 alongside it) is filed.
The I-140 does not have Premium Processing yet in the EB1C category (although USCIS have been instructed in Q4 ‘20 to make this available), and so you are looking at 6-12 months before the I-140 is adjudicated.
Please make sure that your L1/L2 remain valid before your intended return to the US, and please factor in the potential Mexico 2-weeks layover. That said President-Elect Biden is widely expected to revoke the Europe/UK blanket travel ban, which would mean you could fly straight back from the UK to the US with a negative Covid-19 test.
The I-140 does not have Premium Processing yet in the EB1C category (although USCIS have been instructed in Q4 ‘20 to make this available), and so you are looking at 6-12 months before the I-140 is adjudicated.
Please make sure that your L1/L2 remain valid before your intended return to the US, and please factor in the potential Mexico 2-weeks layover. That said President-Elect Biden is widely expected to revoke the Europe/UK blanket travel ban, which would mean you could fly straight back from the UK to the US with a negative Covid-19 test.
Feb 2nd 2023, 5:42 pm
#33
Forum Regular
Joined: Mar 2022
Location: New York
Posts: 133
Re: Adjusting from a L 1 Visa
If you remain in status e.g. on L1, why would the I-131 or I-765 be withdrawn?
Feb 2nd 2023, 6:31 pm
#34
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,854
Re: Adjusting from a L 1 Visa
I traveled the whole time… including before I had my AP and EAD in hand (separate back then)… nothing was withdrawn… I received both a few months before AOS to LPR… I believe that advise is wrong / related to a different path to LPR unless some rules changes since 2010.
Note I was advised never to use the EAD or AP as long as my L1 was valid. I never used them.
Feb 2nd 2023, 6:49 pm
#35
Forum Regular
Joined: Mar 2022
Location: New York
Posts: 133
Re: Adjusting from a L 1 Visa
Thank you, that makes sense.
While I was able to find an official source (pp18) confirming that the AOS was not abandoned if traveling under (still valid) L visa, I couldn't see anything regarding withdrawal of EAD/AP applications. It wouldn't make a lot of sense, but then again, nor does a lot about the system.
EDIT:
Looking again I see for I-131 "Departure from the United States before a decision is made on the application usually does not affect the application decision. However, if biometrics collection is required and the applicant departs the United States before biometrics are collected, the application may be denied"
While I was able to find an official source (pp18) confirming that the AOS was not abandoned if traveling under (still valid) L visa, I couldn't see anything regarding withdrawal of EAD/AP applications. It wouldn't make a lot of sense, but then again, nor does a lot about the system.
EDIT:
Looking again I see for I-131 "Departure from the United States before a decision is made on the application usually does not affect the application decision. However, if biometrics collection is required and the applicant departs the United States before biometrics are collected, the application may be denied"
Last edited by porkedpie; Feb 2nd 2023 at 6:53 pm.
Feb 2nd 2023, 7:16 pm
#36
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,854
Re: Adjusting from a L 1 Visa
Thank you, that makes sense.
While I was able to find an official source (pp18) confirming that the AOS was not abandoned if traveling under (still valid) L visa, I couldn't see anything regarding withdrawal of EAD/AP applications. It wouldn't make a lot of sense, but then again, nor does a lot about the system.
EDIT:
Looking again I see for I-131 "Departure from the United States before a decision is made on the application usually does not affect the application decision. However, if biometrics collection is required and the applicant departs the United States before biometrics are collected, the application may be denied"
While I was able to find an official source (pp18) confirming that the AOS was not abandoned if traveling under (still valid) L visa, I couldn't see anything regarding withdrawal of EAD/AP applications. It wouldn't make a lot of sense, but then again, nor does a lot about the system.
EDIT:
Looking again I see for I-131 "Departure from the United States before a decision is made on the application usually does not affect the application decision. However, if biometrics collection is required and the applicant departs the United States before biometrics are collected, the application may be denied"
Feb 2nd 2023, 8:31 pm
#37
BE Enthusiast
Joined: Feb 2015
Location: New Jersey, USA
Posts: 565
Re: Adjusting from a L 1 Visa
There was a period of time when Trump was in power where USCIS was denying pending EAD/AP applications if the applicant left - probably just to make things as awkward as possible for people I guess. I think some law firm sued and they were forced to reverse it.
https://www.murthy.com/2017/08/10/us...erseas-travel/
https://www.murthy.com/2019/03/11/us...ap-is-pending/
https://www.murthy.com/2017/08/10/us...erseas-travel/
https://www.murthy.com/2019/03/11/us...ap-is-pending/
