karenkaren1

hi. in a few months my family and I have to file for L1/L2 extensions (current expire may 21), my husband (L1 visa holder) has had his i-140 immigrant petition approved and so we are also filing AOS's. I am being told to still file L1/L2 extensions as a precaution, but I am a little confused as to why we would need this if we apply for a combined Advanced Parole and Employment Authorization Document. What would be the reason we need to maintain the L status. (all filing fees and lawyer fees are our own expense as employed by our own company).

thanks

karenkaren1

can this thread be moved to immigration forum pls - sorry!!

newacct

It probably won't make a difference, but it's nice to have status just in case something unexpected happens. What if your I-485 is denied due to some mistake in the filing? Also, what if you need to leave the US for some emergency before you are granted Advance Parole? If you are in L1/L2 status right before you leave, you can come back on L1/L2 visa and not abandon your I-485.

S Folinsky

Out of idle curiosity, who told you that? Ask your attorney.

karenkaren1

my attorney!! my original attorney went on maternity leave

scrubbedexpat099

Certainly odd, not sure why you would not want a back up.

karenkaren1

yeh I think your right. Its a big additional expense for 4 of us plus a lot of work to prepare so just checking I am understanding if its worth it to us. thanks

scrubbedexpat099

Normally Employers pick up the cost.

tht

If you are was the OP’s post the company is owned by the L1/L2 husband and wife so any money the company spends ultimately is out of their own pocket (assuming no outside shareholders/LLC members).

scrubbedexpat099

OK still a Business Expense and the reason could be even more valid.

byrdewear

Hi all,
I am in a similar situation, my AOS was filed last year Jun 21 and is still pending. My L1A expires this month and my attorney has initiated the extension process although we all have already received our EAD. My i140 was approved in June 21 (concurrently filed with i485).
Here the OP doesn’t say if they had an EAD or not but I assume EAD is sufficient to continue working in case of L1 extension denial?

circusplaza

I am in a similar situation.
I need to travel back to the UK “often” during the upcoming months, so I got my L1A renewed, filed AOS and did not file AP, so I can actually travel on my L1A visa while AOS is being process.

Also L1, as they said above, gets you a backup in case the 485 is denied.

Hopefully I get my AOS approved before my L1 expires again, but if the deadline approaches I will ask my lawyers what to do, file L1 extension? File AP?…

tht

Not sure what advise you are being given. You can have EAD/AP and an L1. I had both, I was advised not to use the AP or EAD and to remain in L1 status which I did until I had my green card in hand. Applying for it does not change your status… using it at the boarder does, it’s only an option…

circusplaza

they advised me that filing AP and leaving the country without its approval will cancel the AP application even if I go in/out with the current L1A.
As I have to fly back several times in the upcoming months due to personal situations, they advised not to file the AP.

Are you saying I could have filed the AP and still leave/ re-enter the country as L1 holder?

tht

When my I-485 was filled (Not concurrent) but before the I-140 was approved. This was 10 years ago, I had a separate AP and EAD card, never needed to use either but traveled a lot on on L1a until GC was approved.

I believe there are cases based on family immigration where what you are saying may apply… but not the L1A / EB1C.

I was advised not to use the AP as that would loose my L status.