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I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Old Jan 18th 2024, 1:25 pm
  #16  
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

You may be talking at cross-purposes? The I-131 will be considered abandoned if you travel while it is pending - even if you have another way to travel legally such as under a valid L or H visa. The AoS application itself, would not be abandoned.
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Old Jan 18th 2024, 1:27 pm
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by porkedpie
You may be talking at cross-purposes? The I-131 will be considered abandoned if you travel while it is pending - even if you have another way to travel legally such as under a valid L or H visa. The AoS application itself, would not be abandoned.
Yep agreed, what tht posted is actually referring to the underlying AoS not being abandoned (as a more general part about normally travelling before AP is approved would deny the whole thing). But was it doesn't say is that I-131 will be allowed even with travel, it's a silly edge case. They should just apply what they do to I-485 to I-131 too.
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Old Jan 18th 2024, 6:12 pm
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by postbox134
Yep agreed, what tht posted is actually referring to the underlying AoS not being abandoned (as a more general part about normally travelling before AP is approved would deny the whole thing). But was it doesn't say is that I-131 will be allowed even with travel, it's a silly edge case. They should just apply what they do to I-485 to I-131 too.
The one article I remember reading about this linked below, granted it is 6-7 years old at this rate and USCIS stance has likely altered officially and unofficially in time, as well as depending on who's in government.

This is where I had understood that your aos would not be abandonned, but your I-131 could be denied, if you left and returned whilst still in a qualifying status. As is stated above, seems like an awful lot of extra work if they were to deny them, it's hardly an edge case for a current L1 holder to be pending aos status and need/want to travel in and out.

https://www.murthy.com/2017/08/10/us...erseas-travel/

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Old Jan 18th 2024, 6:15 pm
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Yeah I've read this one before - it's not a clear cut thing but all the lawyers seem to advise a new application is needed today. It's frustrating there's not a consistent or clear policy - furthermore it's hard to research as you either get "you're H1/L1 so you can travel no problem" or "don't travel until AP is approved (for any other visa type/overstay)" - it's very little talking about I-131 directly. Before COVID these seemed to get adjudicated very quickly so it was less of a problem.
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Old Jan 18th 2024, 7:26 pm
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by postbox134
Yep agreed, what tht posted is actually referring to the underlying AoS not being abandoned (as a more general part about normally travelling before AP is approved would deny the whole thing). But was it doesn't say is that I-131 will be allowed even with travel, it's a silly edge case. They should just apply what they do to I-485 to I-131 too.
As others note, maybe the treatment has changed, but when I was on an L1a and my employer filled for an EB-1c I traveled the whole time, frequently, before and after the I-140 was approved and before and after the I-485 and I-131 and I-765 submitted and approved. I received a EAD, AP and GC all without resubmitting forms. I think the only time they advised me not to travel for a day or 2 was when the AOS/I-485 was being submitted.
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Old Jan 18th 2024, 7:28 pm
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by tht
As others note, maybe the treatment has changed, but when I was on an L1a and my employer filled for an EB-1c I traveled the whole time, frequently, before and after the I-140 was approved and before and after the I-485 and I-131 and I-765 submitted and approved. I received a EAD, AP and GC all without resubmitting forms. I think the only time they advised me not to travel for a day or 2 was when the AOS/I-485 was being submitted.
What year was that? It seems that it changes sometime during the last administration and was never changed back (at least explicitly)
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Old Jan 18th 2024, 7:39 pm
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by postbox134
What year was that? It seems that it changes sometime during the last administration and was never changed back (at least explicitly)
March 2010- May 2011
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Old Jan 18th 2024, 8:35 pm
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by tht
March 2010- May 2011
Yeah that makes sense, seems like USCIS changed their mind back in 2017 - https://www.proskauer.com/alert/gree...-depart-the-us

But I am not sure if they changed it back or not - it's not a policy that makes any real sense at all.
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Old Jan 19th 2024, 12:55 am
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by postbox134
Yeah I just changed the "expected travel date" and left that blank. I downloaded the latest from the uscis website and filed it in referencing the one the lawyers did.

You're ahead of me in the timeline, I only submitted in November.

Good luck!
Let us know what happens. You admit to an error in submitting the form. I see one of three possibilities. The examiner does no harm no foul and approves; the examiner issues a Request For Evidence; or just denies the application. I’m curious as to what happens.

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Old Jan 19th 2024, 12:58 am
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by postbox134
Yeah that makes sense, seems like USCIS changed their mind back in 2017 - https://www.proskauer.com/alert/gree...-depart-the-us

But I am not sure if they changed it back or not - it's not a policy that makes any real sense at all.
This type of change can drive attorneys crazy. A change in policy or practice with no advance notice.
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Old Jan 19th 2024, 1:02 am
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by S Folinsky
Let us know what happens. You admit to an error in submitting the form. I see one of three possibilities. The examiner does no harm no foul and approves; the examiner issues a Request For Evidence; or just denies the application. I’m curious as to what happens.
What error are you referring to?
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Old Jan 19th 2024, 1:34 am
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by postbox134
What error are you referring to?
Out of interest, has anyone ever tried to speak to a human at the USCIS, not just on this but any immigration question? I know there is a typical internet cheat sheet for which number sequence to press to actually get through to a rep and I feel like giving it a shot for this question, it's just too muddy.
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Old Jan 19th 2024, 10:27 am
  #28  
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by tht
As others note, maybe the treatment has changed, but when I was on an L1a and my employer filled for an EB-1c I traveled the whole time, frequently, before and after the I-140 was approved and before and after the I-485 and I-131 and I-765 submitted and approved. I received a EAD, AP and GC all without resubmitting forms. I think the only time they advised me not to travel for a day or 2 was when the AOS/I-485 was being submitted.
Precisely the same for me last year L1A to EB1C. No problems at all traveling frequently in and out the country on L1A. My lawyers advised it wouldn't be a problem, that the I-131 would probably be denied, but it was no problem as I had the L1A which allows freedom to travel without risk of I-485 abandonment (same as H1B).

As it happens, my Green Card was approved before the I-131 was ever adjudicated, and it was administratively closed a few weeks after the GC arrived.

In reality, there is no need to do an I-131 if on L1A, and lawyers only do it as it's free with an I-485 application at the moment. Per the current price changes that have now gone for White Office review, this would change and I-131 would be an extra filing fee on top of the I-485, so likely employers won't choose to add to the costs with this superfluous form.
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Old Jan 19th 2024, 11:10 am
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

LT1 Thanks for information
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Old Jan 19th 2024, 12:11 pm
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by LT1
In reality, there is no need to do an I-131 if on L1A, and lawyers only do it as it's free with an I-485 application at the moment. Per the current price changes that have now gone for White Office review, this would change and I-131 would be an extra filing fee on top of the I-485, so likely employers won't choose to add to the costs with this superfluous form.
I normally wouldn't be worried but my 5 years L1-B (maxed out) will run out in August, with my recapture time only until approx November. Therefore, if I want to travel after November I actually need my AP, which is taking many months to process it seems (along with I-485). I don't want to be stuck in the US (again). Considering that the GC process now takes >3 years for a PERM based case, it's quite possible to end up in a situation like mine now. Also with H1-B being a 20% chance, I've not won it in the several years I've been in the lottery... (otherwise no issue, just keep renewing H1-B, my I-140 is already approved). Sigh
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