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L-1a to Green Card processing route?

L-1a to Green Card processing route?

Old Jul 20th 2018, 2:56 am
  #61  
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Default Re: L-1a to Green Card processing route?

Originally Posted by hmvsdog
Also, I stand to be corrected here but, I don't think USCIS will accept your I-485 based off the back of an EB-1 I-140 as the category is not current.
The category is current under the July visa bulletin but not in August, so CA-NY and anyone similarly situated has until July 31 to file their AOS this fiscal year - gives the opportunity of requesting AP and EAD now rather than 3 months from now
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Old Jul 20th 2018, 2:59 am
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Default Re: L-1a to Green Card processing route?

Sorry, I made an error saying 6-7 months for AOS, what I meant to say was 6-7 months to get Advance Parole (i-130) thereby allowing us to travel again. Did you do that as well? If so, what was the processing time?
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Old Jul 20th 2018, 3:03 am
  #63  
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Default Re: L-1a to Green Card processing route?

Originally Posted by jxv73
The category is current under the July visa bulletin but not in August, so CA-NY and anyone similarly situated has until July 31 to file their AOS this fiscal year - gives the opportunity of requesting AP and EAD now rather than 3 months from now
We're literally just discussing whether the August bulletin information is in effect at the moment on the basis that it's been published on the site, or whether we need to call out immigration lawyer tomorrow and tell them to get on this right away to get it in before 31st July!
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Old Jul 20th 2018, 3:08 am
  #64  
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Default Re: L-1a to Green Card processing route?

Originally Posted by CA-NY
We're literally just discussing whether the August bulletin information is in effect at the moment on the basis that it's been published on the site, or whether we need to call out immigration lawyer tomorrow and tell them to get on this right away to get it in before 31st July!
For purposes of filing an AOS, the July bulletin is still in effect.
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Old Jul 20th 2018, 3:11 am
  #65  
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Default Re: L-1a to Green Card processing route?

Originally Posted by CA-NY
We're literally just discussing whether the August bulletin information is in effect at the moment on the basis that it's been published on the site, or whether we need to call out immigration lawyer tomorrow and tell them to get on this right away to get it in before 31st July!
Section F of the bulletin says this though...

Therefore, pursuant to the Immigration and Nationality Act, it has been necessary to impose an E1 Final Action Date for the month of August, with this date being imposed immediately.
...
Any retrogression of the above mentioned preferences would be temporary and in October, the first month of fiscal year 2019, the final action dates would be returned to those established for August.


i hope I am wrong, but I read that, as no more I-485’s will be accepted until October.
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Old Jul 20th 2018, 3:12 am
  #66  
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Default Re: L-1a to Green Card processing route?

Originally Posted by jxv73
For purposes of filing an AOS, the July bulletin is still in effect.
Thank you, that's good to know.
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Old Jul 20th 2018, 3:12 am
  #67  
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Default Re: L-1a to Green Card processing route?

Originally Posted by CA-NY
Sorry, I made an error saying 6-7 months for AOS, what I meant to say was 6-7 months to get Advance Parole (i-130) thereby allowing us to travel again. Did you do that as well? If so, what was the processing time?
I only applied for AP about a month ago. I’ll let you know when/if it comes through.
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Old Jul 20th 2018, 3:23 am
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Default Re: L-1a to Green Card processing route?

Originally Posted by hmvsdog

I only applied for AP about a month ago. I’ll let you know when/if it comes through.
And have you been advised not to travel (out of the US) until you receive it?
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Old Jul 20th 2018, 3:30 am
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Default Re: L-1a to Green Card processing route?

Originally Posted by CA-NY
And have you been advised not to travel (out of the US) until you receive it?
Sort of. When my I-485 went in, the attorney said that it would be “OK to leave the US without the AP, as long as I returned using my L-1A. But they have messed up before...”

But now my wife has used her C09 EAD, she is technically in I-485 Pending status I think, meaning she can’t travel outside the US without the I-485 being cancelled.
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Old Jul 20th 2018, 3:47 am
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Default Re: L-1a to Green Card processing route?

Yeah our understanding is that we probably would be fine leaving the US and coming back in on our L visas but the risk of abandoning the AP application and having to start it over isn't worth it.
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Old Jul 20th 2018, 10:48 am
  #71  
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Default Re: L-1a to Green Card processing route?

Originally Posted by hmvsdog

Section F of the bulletin says this though...

Therefore, pursuant to the Immigration and Nationality Act, it has been necessary to impose an E1 Final Action Date for the month of August, with this date being imposed immediately.
...
Any retrogression of the above mentioned preferences would be temporary and in October, the first month of fiscal year 2019, the final action dates would be returned to those established for August.


i hope I am wrong, but I read that, as no more I-485’s will be accepted until October.
No more I-485s will be approved until October. If they wanted to cut off filings they can revoke the July bulletin (and this has happened at least twice before, see for example October 2015 and July 2007)
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Old Jul 20th 2018, 2:23 pm
  #72  
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Default Re: L-1a to Green Card processing route?

Originally Posted by CA-NY
Yeah our understanding is that we probably would be fine leaving the US and coming back in on our L visas but the risk of abandoning the AP application and having to start it over isn't worth it.
Yeah, that's consistent with what I was told too. Maybe we have the same attorney!
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Old Jul 20th 2018, 4:51 pm
  #73  
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Default Re: L-1a to Green Card processing route?

Our lawyer said absolutely no overseas travel while AP processing as it will be denied and you will have to start again.
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Old Aug 11th 2018, 5:52 pm
  #74  
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Default Re: L-1a to Green Card processing route?

Originally Posted by CA-NY
Thank you, that's good to know.
Hey

Sorry did not see this thread before. So mine was not ready to be rushed through and signed off in time when July bulletin was released. So it will be October when I file. I was always told 12 months is a good ball park for L1-A to Green card all told. Does that stuff from UCIS service centres assume all averages? That's my take, so L1-B etc would still be in those averages of 18 -24 months, they would need PERM etc. No idea but my PED expiration is Dec19 so will be 14 months after I file. Do you know what the options would be if you're stuck in the system with PED about to run out? Have you filed yet? I am not going to put in my AP until early 2019 as I have a Christmas trip home this year and that's separate and should only take 6 months, is that your understanding?

When is your PED expiry?

Thanks for the support!
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Old Aug 11th 2018, 6:00 pm
  #75  
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Default Re: L-1a to Green Card processing route?

Originally Posted by hmvsdog

Sort of. When my I-485 went in, the attorney said that it would be “OK to leave the US without the AP, as long as I returned using my L-1A. But they have messed up before...”

But now my wife has used her C09 EAD, she is technically in I-485 Pending status I think, meaning she can’t travel outside the US without the I-485 being cancelled.
You can file I-485 and still travel on the L as the AP is separate, correct? I was informed they can apply for my AP after a December visit to UK even though will file in October.
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