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L-1a to Green Card processing route?

L-1a to Green Card processing route?

Old Aug 11th 2018, 6:42 pm
  #76  
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Default Re: L-1a to Green Card processing route?

Our PED is Sep 2019. We were originally advised by our lawyers to wait until the EB-1 was approved (they estimated 8-10 months) before submitting Adjustment of Status (not exactly sure why). But we felt that was starting to get a bit too close to our expiry date and then we'd potentially start worrying about going out of status. So we decided to just go ahead and file AOS/AP as well. We managed to get everything in literally on 31st July so we're now just waiting. We've been advised not to travel until we have our Advance Parole cards in hand and we're estimating around 6 months for those to arrive. But I think you're correct that with a pending i-485 you can still leave and re-enter on your L visa and then apply for AP on your return but as soon as the AP application goes in, you're stuck (well technically you can travel but AP application will be considered abandoned). The one thing we're not sure on is whether the AP card supersedes the L visa as soon as it's in hand or whether you have to physically leave and re-enter on the AP card to activate it. Either way the AP card is what gives you protection from going out of L status even if the rest of the application processing goes beyond your PED.
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Old Aug 11th 2018, 7:03 pm
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Default Re: L-1a to Green Card processing route?

Originally Posted by CA-NY
Our PED is Sep 2019. We were originally advised by our lawyers to wait until the EB-1 was approved (they estimated 8-10 months) before submitting Adjustment of Status (not exactly sure why). But we felt that was starting to get a bit too close to our expiry date and then we'd potentially start worrying about going out of status. So we decided to just go ahead and file AOS/AP as well. We managed to get everything in literally on 31st July so we're now just waiting. We've been advised not to travel until we have our Advance Parole cards in hand and we're estimating around 6 months for those to arrive. But I think you're correct that with a pending i-485 you can still leave and re-enter on your L visa and then apply for AP on your return but as soon as the AP application goes in, you're stuck (well technically you can travel but AP application will be considered abandoned). The one thing we're not sure on is whether the AP card supersedes the L visa as soon as it's in hand or whether you have to physically leave and re-enter on the AP card to activate it. Either way the AP card is what gives you protection from going out of L status even if the rest of the application processing goes beyond your PED.
Interesting, so how long does AP get issued for? So it gives you work authority as well? My biggest concern is going out of L status with an ongoing application. I imagine an even bigger backlog with them not taking anymore cases until October. Well done for getting yours in last month. I guess I have a little more of a safety net as have until end of December 2019 but we seem to be working on very similar time frames!
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Old Aug 11th 2018, 7:14 pm
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Default Re: L-1a to Green Card processing route?

Yes it's a combined AP/EAD (work authorization) card. No idea if it's issued for a particular length of time, I would assume it's valid until green cards are in hand at which point it becomes redundant. You won't go out of status as long as you get your AP application in after your UK trip, that's exactly what the AP card is for, to protect you against going out of status if processing goes beyond your PED. We tell ourselves that the EB-1 is probably one of the more straightforward routes but then also have a wobble and remind ourselves that it's not guaranteed that the petition will be approved so we're very positive but also realistic that there is a possibility that we'll be going back to the UK in Sept 2019. But fingers crossed for everything to go smoothly.
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Old Aug 11th 2018, 7:41 pm
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Default Re: L-1a to Green Card processing route?

Assuming you're maintaining valid L, or H status, you can continue to travel and enter the US at any time, even after submitting for AOS and AP.

Your AP will likely arrive in 3-5 months and be valid for 1 year from it's issue date, you can then file to renew that 90 days out of it's expiry, assuming your AOS hasn't been completed by then.

I applied for AOS, including a joint EAD/AP card as part of my L1 AOS and travelled in and out multiple times on my L1 prior to the AP card arriving in the mail. I now use the AP card when arriving into the US.

Hope this clarifies!
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Old Aug 11th 2018, 7:54 pm
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Default Re: L-1a to Green Card processing route?

Originally Posted by TheKingOfHearts
Assuming you're maintaining valid L, or H status, you can continue to travel and enter the US at any time, even after submitting for AOS and AP.

Your AP will likely arrive in 3-5 months and be valid for 1 year from it's issue date, you can then file to renew that 90 days out of it's expiry, assuming your AOS hasn't been completed by then.

I applied for AOS, including a joint EAD/AP card as part of my L1 AOS and travelled in and out multiple times on my L1 prior to the AP card arriving in the mail. I now use the AP card when arriving into the US.

Hope this clarifies!
Thanks does you AP only get granted after EB1C has been approved, so it's just a document for working and traveling well waiting on the processing? Or is it's purpose also to be used when decisions are pending?

Thanks!
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Old Aug 11th 2018, 8:22 pm
  #81  
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Default Re: L-1a to Green Card processing route?

Originally Posted by TheKingOfHearts
I applied for AOS, including a joint EAD/AP card as part of my L1 AOS and travelled in and out multiple times on my L1 prior to the AP card arriving in the mail. I now use the AP card when arriving into the US.
Can I ask was this recently? Current advice is for L visa holders not to travel while AP is pending or the application will be considered abandoned. L visa holders used to be exempt from this rule (due to the "dual intent" aspect of the L visa) but the current advice is being extended to include L visas holders as well. https://www.brownimmigrationlaw.com/...role-requests/

and from another site:
"Increasingly, however, USCIS is denying advance parole applications for applicants who travel outside the United States while their advance parole applications are still under review by USCIS, even if the applicant holds a dual-intent visa."

Unless travel is absolutely necessary, it's just not worth the risk of abandoning your AP application and having to go back to the start and re-apply by which point your PED is getting closer and you risk going out of status.
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Old Aug 11th 2018, 9:49 pm
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Default Re: L-1a to Green Card processing route?

No travel outside US while AP is pending as AP will be denied and you'll have to start over with AP. This is what we were told last year so we delayed filing for a couple of months

AP and EAD are a combined card

Not sure if AP denied you would get a separate EAD card
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Old Aug 12th 2018, 7:56 pm
  #83  
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Default Re: L-1a to Green Card processing route?

Originally Posted by NewStarter
Thanks does you AP only get granted after EB1C has been approved, so it's just a document for working and traveling well waiting on the processing? Or is it's purpose also to be used when decisions are pending?

Thanks!
In your context, the AP is used when your I-140 is approved and I-485 is still pending, it allows you to reenter without status. The EAD is required for working. After your I-485 based on EB1C is approved you will get a Green Card which trumps everything.

Last edited by neill; Aug 12th 2018 at 7:58 pm.
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Old Aug 20th 2018, 6:24 pm
  #84  
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Default Re: L-1a to Green Card processing route?

Just wanted to pop on and give an update that our EB1 petition has been approved in 6 weeks!! Receipt date of July 9, approved today. We are completely gobsmacked having been told 8-10 months by the lawyer and the USCIS site quoting 7.5 - 9.5 months for the Texas service center. No idea what's going on behind the scenes that got it done in that timescale. In addition we received a biometrics appointment for next week (we are actually on vacation and will need to reschedule) but my word things are progressing faster than we thought. AP card still pending.
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Old Aug 20th 2018, 7:13 pm
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Default Re: L-1a to Green Card processing route?

I am so jealous. 16 months and still waiting for the I-140. Although he attorney’s latest SR came back with the “your case is with an officer” response.
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Old Oct 20th 2018, 5:05 pm
  #86  
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Default Re: L-1a to Green Card processing route?

Just tagging my timeline onto this thread as quite a lot has happened since my last post. I decided to go down the AOS route rather than consular processing. My timeline is as follows:

I-140 received / priority date: 06/09/2017
I-140 approved: 02/17/2018
I-485 / I-485J / I-765 / I-131 receipt date: 05/31/2018
Biometrics notice date: 06/08/2018
Biometrics completed: 06/25/2018
"I-693 not submitted" courtesy letter: 08/27/2018
I-765 / I-131 approval notice date: 09/05/2018
Interview scheduled notice date: 09/10/2018
Medical completed: 09/17/2018
Interview completed and I-693 submitted: 10/15/2018
I-485J approval notice date: 10/15/2018

I'm now stuck in retrogression. I wasn't expecting the I-485J approval notice which showed up yesterday (10/19/2018); for a fleeting second I thought it was my I-485 which had been approved!
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Old Nov 2nd 2018, 1:43 am
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Default Re: L-1a to Green Card processing route?

Originally Posted by CA-NY
Just wanted to pop on and give an update that our EB1 petition has been approved in 6 weeks!! Receipt date of July 9, approved today. We are completely gobsmacked having been told 8-10 months by the lawyer and the USCIS site quoting 7.5 - 9.5 months for the Texas service center. No idea what's going on behind the scenes that got it done in that timescale. In addition we received a biometrics appointment for next week (we are actually on vacation and will need to reschedule) but my word things are progressing faster than we thought. AP card still pending.
Hi guys my I-140 was submitted on October 10th and approved on October 28th but I can't do the AOS because still in retrogression (I think). So what next for me? That seems super fast the I-140 was approved in under a month?

Does this mean I am just an I-485 approval away from Green Card but I just have to wait for it to be current?
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Old Nov 2nd 2018, 2:12 am
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Default Re: L-1a to Green Card processing route?

Originally Posted by NewStarter
Hi guys my I-140 was submitted on October 10th and approved on October 28th but I can't do the AOS because still in retrogression (I think). So what next for me? That seems super fast the I-140 was approved in under a month?

Does this mean I am just an I-485 approval away from Green Card but I just have to wait for it to be current?
Congratulations! Yes, just the final hurdle of AOS to overcome and you'll be a legal permanent resident. Keep an eye on the visa bulletin:

https://travel.state.gov/content/tra...-bulletin.html

As you can see from the November bulletin, the cut-off date for filing an employment-based AOS is 1st June 2018 for 1st preference class, so you won't be able to submit your I-485 and associated forms until the cut-off date moves beyond your priority date (which is presumably on or around Oct 10th) or becomes current. The visa bulletin for the next month is usually posted on the 10th or 11th of the preceding month, so the December bulletin should be posted soon. I think there's a good chance the filing dates will become current for EB1, use the waiting time to get all of your forms completed and ready to go!
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Old Nov 2nd 2018, 2:25 am
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Default Re: L-1a to Green Card processing route?

Originally Posted by Millski


Congratulations! Yes, just the final hurdle of AOS to overcome and you'll be a legal permanent resident. Keep an eye on the visa bulletin:

https://travel.state.gov/content/tra...-bulletin.html

As you can see from the November bulletin, the cut-off date for filing an employment-based AOS is 1st June 2018 for 1st preference class, so you won't be able to submit your I-485 and associated forms until the cut-off date moves beyond your priority date (which is presumably on or around Oct 10th) or becomes current. The visa bulletin for the next month is usually posted on the 10th or 11th of the preceding month, so the December bulletin should be posted soon. I think there's a good chance the filing dates will become current for EB1, use the waiting time to get all of your forms completed and ready to go!
Thank you for your reply. Sorry to be basic but can you break that down a little more? I've had a long day lol. I thought it was August 1st it went into Retrogression. not June? Will my priority date be when they acknowledge they received my I-140, is that why you reference October 10th? With the I-140 out the way, when EB-1 becomes current again how long do you anticipate, all being well that I would get my GC?

I am shocked my I-140 was approved so fast My colleague (albeit) in a different position but int the same company, is still under review and his was filled in May. Maybe they are approving them quicker because some of us could not file I-140 and AOS at same time with retrogression. Who knows.
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Old Nov 2nd 2018, 3:00 am
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Default Re: L-1a to Green Card processing route?

Your priority date should be listed on your I-140 receipt notice, but yes, it's the date USCIS received/accepted your I-140. This date becomes important during retrogression and governs when you can file your I-485 and when an immigrant visa will become available to you. Looking at the final action dates and filing dates for EB-1 in the November bulletin, you can see that only people with priority dates before April 1st 2017 are eligible to receive an immigrant visa, and only those with priority dates before June 1st 2018 can file their I-485 to adjust status. You're correct that the present retrogression started in August; if you check the August visa bulletin you can see that the final action date for EB-1 went wayyyyyy back to May 1st 2016! Thankfully it advanced by 11 months in the October bulletin, and I know there's a few of us here keeping everything crossed for another decent jump forward in the December bulletin.

As for how long it'll take from here, I can only go by my personal situation, and had it not been for retrogression I would probably have received my GC by now, roughly 5 months after filing my I-485. It really does seem to be pot luck though, and you would appear to have been exceptionally lucky in getting your I-140 processed so quickly, so here's to your good luck continuing! There are mutterings about EB-1 final action dates becoming current in the first quarter of 2019 so the timing may be spot-on for your case.

Last edited by Millski; Nov 2nd 2018 at 3:13 am.
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