RogueBrit

Hello fellow expats, I find myself in a tricky and complicated situation, and I'm seeking some additional perspectives.

Basically, I immigrated to the US just over 2 years ago on an L1A, my EB1C based EAD/AP and AOS are submitted and received, and then I got laid off. My former employer has offered to repatriate me to the UK, however, only on the condition it is completed by the end of February, which is before I expect to hear any outcomes from my pending status. I have the choice of taking up their offer and abandoning the application, or biting the bullet and funding the repatriation myself, and waiting it out in hope of good news. To be clear, I want to stay, I bought a lovely house, I like it here, don't want to go back just yet. Even using the repatriation offer I'd have to stay to sell the house anyway (or at least prep it), so the repatriation offer is really all about the shipping, and I've no idea what what might cost for a 20ft container and packing/customs services, $10k? I'm guessing, but any informed opinions would be really helpful right now. Not to mention I'm haemoraging savings right now not being allowed to work...

My timelines :
I-140 submission: Sept 2017
I-140 approval: Jan 2018
I-485 submission: Oct 2018
I-765 submission: Oct 2018
I-131 submission: Oct 2018
Biometrics Apt: Nov 2018

My EAD/AP/AOS were submitted mid Oct and the legal folk had a receipt notice, and I got laid off the following morning... however online USCIS shows my receipt dates for those as the end of Oct.
My L1A PED is Dec 2019...

I consulted an immigration attorney who has assured me I'm legal to be here right now, a status I'm keen to maintain, but I'm trying to get some insight into what my chances are with regards getting to the fabled GC.

Any help appreciated.

neill

"The petitioner may request to withdraw a Form I-140 at any time. However, if the petitioner requests to withdraw a Form I-140 that has already been approved for at least 180 days or if an associated Form I-485 has been pending for at least 180 days, we will not revoke the approved Form I-140 and the beneficiary will retain the priority date from the form. We will consider the job offer withdrawn, but the Form I -140 will remain approved for purposes of INA 204(j) portability unless we revoke it on other grounds. See 8 C.F.R. 205.1(a)(3)(iii)(C) (revised effective January 17, 2017). In order to become a lawful permanent resident based on the continued approval of this Form I-140, the beneficiary must either obtain a new job offer under INA 204(j) or have a new Form I-140 petition filed on his or her behalf. "

So.... I'd say you're good as long as BEFORE your interview, you've obtained another job in the same field and got an I-485J from them. Sounds like you are just gonna have to hang on until the EAD arrives.
You can't travel until you get the AP.

RogueBrit

So AC-21 rule applies to my I-485. Does that affect the chances of the I-765 approval?

Also, my receipt dates are different depending on which of the two portals I check my cases on, one says the middle of October (which is correct), the other says the end of October, which is when it was last updated I think. Is that normal?

I see from another thread that another petitioner, who also submitted in Oct 2018, but on EB2 and just upgraded to Premium Processing, just got his I-765 status changed to "New card is being produced", I realise on EB1 that PP is not an option, but does this bode well for timelines on EAD/AP processing times?

RogueBrit

So, nearly 7 months later, and I still have not received my EAD or AP, and I can't even enquire about my case yet.
I haven't been allowed to work since October, living off savings, not sure how much longer this can go on.

My L1A PED is December, so I have to get an appropriate job to renew my L1A visa. Pretty sure that my AOS isn't going to go through before Dec.

What happens if I get a job with a company that doesn't have a blanket L1 programme, and are bringing people over on E visas? I've had a sniff of a possible job with such a company. Could I transfer to an E visa from my L1, whilst remaining in-country?
I'm sure even if I could do that, then my current AOS would be scuppered and I'd have to start that again, right?

Looking for options here, wanting to stay.

RogueBrit

And wouldn't you know it, not 6 hours after posting the above, I get a notification. "New Card is Being Produced".
So hopefully that's the EAD/AP taken care of.

Now it's about finding another job, that will be viable for my AOS. Question still stands regarding the E visa job opportunity, anyone have any insight?

Crux

With your EAD/AP card in hand you don’t need to get any other visa – you just need a job that’s viable for your AOS interview and the I-485J supplement.

RogueBrit

As my visa is L1A, and my AOS was EB1, I understand that I would have to find a job of a similar level, that of an "international manager", for the AOS interview to succeed. That's going to be the tough part, find a job won't be too hard, finding the right job may not be easy...

Crux

Right, not easy but a clear route to PR. The L1 route is out anyway unless you happen to have worked for another company abroad for a year in the past 3.

Sorry, can't advise on E visa but with being so close to AOS anything else has to be a last ditch back up plan IMO.

Crux

Thinking about this, it may be useful to understand the role/job title of the E visa opportunity, and specifically if it could be 'spun' as a qualifying bona fide job for your AOS. Has to be a long shot because I’m sure USCIS has seen it before and probably have a position about that, but maybe worth a conversation with an immigration lawyer, could maybe help cover 2 bases.

Anyway - I truly wish you good luck, because 'but for the grace of...' and all that - your story could have been mine.

RogueBrit

Well, my I-140 was approved and it's beyond 180 days so the AC21 rule applies, not sure how that's going to affect it.
I had thought I would need to get another job that offered me L1, so I could continue with the AOS. Thinking it would also be safer to renew the L1A because the PED is in Dec... but not sure if I could renew it with a new job.

Crux

An L1 visa is no longer relevant, you can't extend yours because only the company can petition and you're no longer employed by them. Getting another new L1 from a different company will also not be possible (if I read your posts correctly).

The AC21 rule is -

• The proposed employment is in the "same or similar" occupational classification

I'd spend time (and lawyer money) obsessing on the definition of that if I were you - specifically trying to figure out your DOT code or SOC code assigned to the I-140.

-----

How does the USCIS determine the new job is in the "same or similar" occupational classification?

Although there is no clear cut answer, the USCIS may consider the following to be in the "same or similar" occupational classification:

• Job Description of the new employment will be compared with the job descriptions contained in the I-140 or labor certification
• The DOT code or SOC code assigned to the I-140 based on the labor certification will be used to determine whether the new employment is in the same or similar occupational classification
• The new salary should be similar and not be significantly different from the previous one.

----

shiversaint

You cannot transfer onto a E type visa whilst in country, you'd be required to have a normal NIV application interview outside the US. The GC stuff is a bit beyond my sphere of knowledge, but if you can't leave, you're stuffed on that front as NIVs are not issued inside the US.

If you can now leave, given the E visas are non-immigrant, and you have an immigrant type visa application currently ongoing, I would expect eyebrows would be raised over the immigrant intent thing.

neill

Congrats on the card, hang in there. You're almost home. Luckily you're here in some of the best conditions for finding employment opportunities in a generation. As has been stated, you will work on your EAD and file a 485J when you find a job in "same or similar" occupation.