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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 19th 2024, 12:28 pm
  #31  
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Also had another thought - even if you had lots of L1 time left. What if you got laid off? These days that seems like it could well happen. After 6 months of pending I-485 you could find new work under AC21, but then you'd be stuck in the US without AP. Therefore, having AP is always a good idea just in case.
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Old Jan 19th 2024, 3:25 pm
  #32  
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by postbox134
Also had another thought - even if you had lots of L1 time left. What if you got laid off? These days that seems like it could well happen. After 6 months of pending I-485 you could find new work under AC21, but then you'd be stuck in the US without AP. Therefore, having AP is always a good idea just in case.
there are also more positive reasons, like being offered a promotion/relocation, study, 2nd job/side hustle etc. your current visa may not cover/allow… the advise given to me at the time was to get it but not use it unless it was actually needed for a reason…
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Old Jan 19th 2024, 5:24 pm
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by postbox134
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
This is actually where I find myself, long story, but my L1 expired (even with recapture) with the gc appplication still pending, so I can't work (no EAD) or travel (no AP) even if I can still be here in the US pending the aos Not a great outlook atm and future is very uncertain...
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Old Jan 19th 2024, 7:03 pm
  #34  
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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.
I’m reminded of the parable of the old experienced marine engineer brought in when the engine on a large ship ceased to function. The engineer briefly examined the ship’s power train. He then pulled out a small hammer out of his tool box and lightly tapped a a particular place in the power train and the engine then worked perfectly. The ship’s owner objected to the invoice for $10,000 demanding an itemization. So, new invoice for time expended, $20, knowledge of where to tap the hammer, $9,980. Underlying moral - what was the value of getting the ship up and running.

The current regulations and ancillary material is readily available on line. It took me about five minutes to find the information which you admit you could not find. (Regulatory history can be somewhat difficult to find, but current regulations are readily available. BTW, the change was by what I consider a stealth amendment in violation of the general published notice requirements of the law. Therefore all too easy for attorneys to miss a change until it bites on the rear end. But I digress).

Last edited by S Folinsky; Jan 19th 2024 at 8:25 pm. Reason: Correct the arithmetic
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Old Jan 19th 2024, 9:15 pm
  #35  
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by S Folinsky
The current regulations and ancillary material is readily available on line. It took me about five minutes to find the information which you admit you could not find. (Regulatory history can be somewhat difficult to find, but current regulations are readily available. BTW, the change was by what I consider a stealth amendment in violation of the general published notice requirements of the law. Therefore all too easy for attorneys to miss a change until it bites on the rear end. But I digress).
Would happen to have a link to any of this material so one could also review it? Considering our law firms have also decided that this is the case I'd be interested to research it and feed that back to them.
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Old Jan 19th 2024, 10:48 pm
  #36  
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by postbox134
Would happen to have a link to any of this material so one could also review it? Considering our law firms have also decided that this is the case I'd be interested to research it and feed that back to them.
The appropriate links have already been posted in this thread, many by you.
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Old Jan 19th 2024, 11:11 pm
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by S Folinsky
The appropriate links have already been posted in this thread, many by you.
I'm still confused, here are the threads posted so far by myself and others:The first two are just blogs from law firms talking about the original change back in 2017.

The last one is from USCIS and the only part in it I can find does say that I-131 will be denied when adjudicated if the alien has been found to have left the US before adjudication:

Abandonment of Application. The application is considered abandoned if [...]:
The alien departed from the U.S. prior to the decision on the Form I-131 in a case where the alien applied for advance parole in order to depart from and return to the U.S.
So that would seem to be the official answer, but with no reference to the special case of Dual Intent Visas such as L1 or H1. To Connor's point, is there anywhere you can reference officially from USCIS about how they handle this situation? My assumption is that the law firms who deal with this all the time can see that eventually these I-131 applications are now denied when looked at (many months later due to processing backlogs). Therefore, from the 'ants eye view' that Connor and myself have as applicants with only one case, is that we should apply again on re-entry to the US to ensure that a valid and approvable I-131 is ready when USCIS chooses to look at it. This was explained in the cover letter I sent to USCIS with my new I-131.

We'll have to see what happens if/when it gets looked at by an officer.
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Old Jan 19th 2024, 11:18 pm
  #38  
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by Connor1518
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.
Even if you were to get a live person at USCIS, you cannot count on them to give you accurate information. Call 3 different times and get 3 different answers. They are just phone reps, they don't know answers to specific questions.

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Old Jan 22nd 2024, 12:01 am
  #39  
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by postbox134
[size=33px] To Connor's point, is there anywhere you can reference officially from USCIS about how they handle this situation? My assumption is that the law firms who deal with this all the time can see that eventually these I-131 applications are now denied when looked at (many months later due to processing backlogs)[/size].
You seem to be asking whether or not the links you list are accurate or not.

Do recall that you admit to making an error in that your second application is incomplete. I remain curious to see what DHS does with that one.
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Old Jan 22nd 2024, 1:05 am
  #40  
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by S Folinsky
Do recall that you admit to making an error in that your second application is incomplete. I remain curious to see what DHS does with that one.
I still don't see where that error is?

I don't doubt that the above documents are accurate, indeed I proceeded in the assumption that they are. However, I am still in search of some official documentation that confirms it.
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Old Jan 22nd 2024, 6:21 pm
  #41  
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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!
Originally Posted by postbox134
I still don't see where that error is?

I don't doubt that the above documents are accurate, indeed I proceeded in the assumption that they are. However, I am still in search of some official documentation that confirms it.
he is probably referring to something like the above where you say you left a field blank…I believe if you don’t have an actual day the lawyers put “unknown” or pick a future date… looking back it mine the lawyer put “ASAP” and it was eventually approved/issued…
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Old Jan 22nd 2024, 6:27 pm
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by tht
he is probably referring to something like the above where you say you left a field blank…I believe if you don’t have an actual day the lawyers put “unknown” or pick a future date… looking back it mine the lawyer put “ASAP” and it was eventually approved/issued…
Oh I wasn't clear on my original post responding to Connor.

I put in a new travel date (6 months out in June) that I made up.

The blank part was referring to the "who prepared my application" part of the form. As it was prepared by me I left that park blank. Apologies for the confusion if that's the case
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Old Jan 22nd 2024, 9:24 pm
  #43  
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by postbox134
Oh I wasn't clear on my original post responding to Connor.

I put in a new travel date (6 months out in June) that I made up.

The blank part was referring to the "who prepared my application" part of the form. As it was prepared by me I left that park blank. Apologies for the confusion if that's the case
Actually, you were quite clear: "Yeah I just changed the "expected travel date" and left that blank." "That" referred back to expected travel date.

What you have not been clear about is your desire for official information despite your reference to self-same info.
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Old Jan 22nd 2024, 9:28 pm
  #44  
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by S Folinsky
Actually, you were quite clear: "Yeah I just changed the "expected travel date" and left that blank." "That" referred back to expected travel date..
Reading it back I can see why you'd think that, but in my head I wrote that as two sentences. This could have been avoided if you'd be clearer by what you meant with an error.

Would you not want an official source of information?

​​
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Old Jan 23rd 2024, 6:09 am
  #45  
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Default Re: I-313 AP - Travelling abroad with L1 visa - lawyer charge $1000

Originally Posted by postbox134

Would you not want an official source of information?

​​
What do you mean by “official source?” I am very well aware that there is often different legal sources. You are very aware of the I-131 instructions inasmuch as you have post the link and quoted therefrom. Pursuant the regulation at 8 CFR 103.2(a), the instructions are to be considered as part of the regulations. (I have long felt that provision to be an end around the normal notice and comment requirement for promulgation of regulations when used for a substantive change.)

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