Dodgykeeps

Hi
Our L-1s run out at the end of July and we are part way through the green card process - have labor certification approval, I-140 is filed and I-485 will be filed in a few weeks. I been told it will take up to 7-12 months for the cards to come through.

We've been told we'll get employment cards to allow us to work (which have a 1 year life) but it may be worth getting our visas renewed.

Question is: what is the benefit? Seems like it will cost a lot for something we don't really need? Any advice welcome

Thanks

Paul

meauxna

Who gave you the advice, and what did they tell you in reply to 'why'?

garrylps

Hi Dodgy
Can you apply for GC just before Initial 1 year L visa runs out, or do you have to wait for renewal and apply after that,

what way did you do it?

Thanks Garry

Flabound oneday

garry,our advice has been that yes you can start the process before renewal

garrylps

Hi Flabound

When would be the ideal time to apply for GC

Thanks G

meauxna

That might depend on your personal circumstances. Please start your own thread instead of taking over the OP's.

Flabound oneday

I cant answer that -again there seem to be no set guidelines so I guess once you have the business established enough to withstand the scrutiny you will get. sorry but i would think only an attorney could answer taht. if you need a good one PM me

goldenstate31

ive read bits and pieces on this too. I think its important NOT to be 'out of status' at ANYTIME. otherwise you have no protection if the green card is denied.
I think (check with your immigration attorney) that you can apply for:
L1 renewal,
I 140/I485, ead, adjustment of status,
ALL at the SAME time!
that way you have protection, should any or all be denied.
(I do hope that Im not giving the wrong advice here)
so check this with your immigration attorney!

JCraigFong

Paul: I have a question, mostly for thoroughness' sake. Are you an L-1A or L-1B? If you're an L-1A, why on earth did you have a Labor Certification done? If you are still working for your L-1A sponsor, you should have no need of a labor cert to file the I-140.

As a practical matter, the cost of filing an Adjustment of Status is $1,010. INCLUDED in that price is the cost of an EAD. So, you'll get an EAD, like it -- or want it -- or not. I confess that I have not ATTEMPTED to file a naked I-485 lately, so I am unsure; however, I have the impression that one cannot accomplish this type of Adjustment à la carte. You'll end up paying the $1,010.

As for renewing the underlying L-1 visa come July, well, that depends on how lucky you're feeling. If there's any problem with the Adjustment and it's denied -- even if it's only for a technical correctable problem -- then you will immediately become unlawful on the date of the denial, because you have no underlying valid L-1 to protect your fall.

It is absolutely true that a well-prepped and documented L-1-to-LPR adjustment should go pretty smoothly, but I have been doing this for long enough that I do not underestimate USCIS' ability to throw a curve ball. I counsel renewal, out of an abundance of caution.

There are cynics out there who will say that the attorney is just attempting to collect more money. Fine. Say what you like. But one of the reasons you hire an attorney is to do the paperwork right, advise you prudently, and keep you and your family safe. If you choose to ignore that advice, that's up to you.

Have I seen clients get a denial who become unlawful because there was no underlying valid visa status? You betcha. Lots. They often come to me because after the denial -- and the unlawful status -- they lose confidence in their immigration attorney. And they want ME to fix it. In SOME of those cases, the attorney told them, "oh, don't bother to renew." Shame on such an attorney, for being so short-sighted. And in OTHERS, the client was offered the chance and decided not to do so, in order to save money. <Insert rueful comment here.>

The risk is YOURS to take.

--J

meauxna

It's correct that the AOS fee is $1010 regardless, but issuing the EAD (and AP) is not automatic; the I-765 still has to be submitted.
Yes, some people have posted that their attorney did NOT include those applications, leaving the applicant short handed when they needed the documents.

I see the renewal + GC application as a belts & braces situation, like J describes. Just a good idea to CYA. Weird things happen.

lisa67

that happened to me!

goldenstate31

Meauxna, in immigration 'language' what does the above mean
(Im just learning the lingo!)
are you saying that for L1-green card purposes, its better to renew L1 aswell as applying for green card or none of that?

ian-mstm

Yes.

Ian

Dodgykeeps

Thanks for all the replies

I'm here on an L1-B hence the labour cert. We started the process last January so we had about 18 months - had a few hold-ups with medicals etc but am nearly ready to get the I-485 filed.

The main reason for the question was that my employer has paid for all the GC stuff for me and my family and its been pretty pricey, certainly more than they'd originally thought. So if I renew my L-1 I will need to pick up the cost - I've been told $3K for this by the firm our company uses. I don't want to pay this unless its worth it - if it is worth it I will also be getting some other quotes.

Does the employment card not allow me to continue working in light of any "technical" problems with the application? Bit confused with all this tbh!

Sounds like I need to be renewing though from what I've heard!

Thanks again

Paul

goldenstate31

Thanks Ian