Kats.

Thanks! Yikes, careful planning will be required.

Kats.

Thanks! That's a similar time frame to when we got our initial visas too.

Kats.

Okay, another question! Do you need to get advance parole after applying for green card if you have a valid L1/L2 visa in order to leave the country (and get back in!)?

Some stuff I've been reading implies that you don't for L1:

"Advance parole allows you to travel outside of the U.S. while your marriage green card adjustment of status application is pending. If you travel outside of the U.S. while your application is pending before receiving advance parole, you will have abandoned your application, unless you are in H-1B or L-1 status and you return to the U.S. using an H-1B or L-1 visa stamp."

Kats.

I had a look on the USCIS website, and it says you don't need advance parole for H and L visas:


"(2) Exceptions to the General Rule . Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:

(A) H and L Nonimmigrants with “Dual Intent.” Und er 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classif ication as an H-1B, H-1C, or L-1."

Here is the link: http://www.uscis.gov/ilink/docView/A...-0-0-6581.html

We will check with the lawyers too. Not having to wait for advance parole after filing green card applications will make it a lot easier to time the renewal of our visas.

EricK

You do not need AP if your L1 / L2 is still current. However.. our immigration attorney still applied for it anyway when filing for our GC's.

We travelled in and out of the country just fine during the GC processing without AP. My GC was actually issued before AP was processed. I got a letter a couple of weeks after I received the GC to say as the GC has been issued they were cancelling the AP application.

Kats.

Good to hear, thank you!

ian-mstm

However... once you use the EAD, you must use AP... even if your L visa is unexpired.

Ian