rk164

I am in the US with my wife who has the L1A and I have L2 visa. I have an EAD and am working.

My wifes employer will be applying for the GC shortly for both of us.

However we are planning to take a vacation abroad in the next 2 months and I understand that I need to apply for advanced parole which takes 2-3 months to arrive, so I will be unable to get one in time.

My question is what is the best way forward, should my wifes employer file the I-140 and HER I-485 and file my I-485 after we get back.

OR Just file the I-140 and then file both our I-485 after we get back?

OR any other suggestions?

Thanks in advance

ian-mstm

Regardless of any paperwork filed, you can travel as long as the L1/L2 visas are valid. You don't need advance parole.

Ian

rk164

I was under the impression that if I am a L2 and I activate the EAD by working, and I file the I-485 then I need AP to travel. Is this not the case?

Elvira

"NOTE: If you are in the United States and wish to travelabroad, you do not need to apply for advance parole if bothconditions described below in numbers 1 and 2 are met:
An H-1, temporary worker, or H-4, spouse or child ofan H-1; or
An L-1, intracompany transferee, or L-2, spouse orchild of an L-1; or
2.
A K-3, spouse, or K-4, child of a U.S. citizen; or
However, upon returning to the United States, you mustpresent your valid H, L, K or V nonimmigrant visa andcontinue to remain eligible for that status."

It is my understanding that working with an EAD invalidates the L2 status. However, IANAL, so please DYOR.

ian-mstm

http://faq.visapro.com/L2-Visa-FAQ2.asp.
http://www.path2usa.com/immigration/...ory/l2visa.htm

While I don't necessary hold these as gospel, they seem consistent with other sites dealing with L2 visas. The EAD doesn't seem to affect the L2 status at all. At least, that's my understanding.

Ian

Elvira

<<<sigh>>>

Why can't USCIS just tell it straight.............. particularly given how crucial this $%@!ing piece of paper is... :curse:

ian-mstm

I'm not a conspiracy theorist, but in this case, I think the government believes it can maintain control over the population by deliberately obfuscating things!

Ian

Elvira

Do you know - are there any reports/statistics/whatever about the number of people who flick things up because they do not understand the need/intricacies/lunacy of Advance Parole?

ian-mstm

I have no idea... and I wouldn't even know where to start looking for this sort of information. I mean, I'm pretty sure statistics of this kind aren't kept... because knowing the truth would mean that changes are needed... and the government doesn't like changes.

Ian