ITsWhatIDo

Hi,

I've read a few posts about applying for A/P whilst going through AOS and I'm confused by what my attorney states.

I am on an L1A which expires 2012.
We have applied for our GC's, with I-140 sent in mid July and that's been approved. I-485 went in mid August

We plan to travel to the UK in Dec, but you never know when an emergency will take place.

When I sent my A/P forms to my attorney she stated I don't need an A/P to travel as I am here on my visa. However from what I read on the forums, it sounds like I do need one?

Can someone clarify please?

Thanks

ian-mstm

Your attorney was almost right. The L-1A visa was valid as a travel document right up until you submitted the I-485. Now, you need to use A/P or else your I-485 application will be deemed abandoned. You're not in Kansas anymore, Toto!

Ian

ITsWhatIDo

That's what I thought, but a huge mistake that could have been? She's been fantastic up until now. I'm surprised she isn't aware of this rule?

Does anyone have a link or quote to the USCIS where this is stated?

Thanks

meauxna

I disagree with Ian. The L status, like H-1B, acknowledges 'dual intent'. As long as you enter with and remain within the terms of your L status, you can travel on your L.
If you fall out of L status and fall back to the I-485 'pending adjustment' category, you have to use the AP to travel.

Hopefully a tie breaker will come along with the link you want. Or, you could just ask your attorney to explain.

If it were me, I'd want the AP as a back up but not use it unless something happened to my L-1 job.

wigster

This is not the case. As long as you are maintaining the conditions of the L-1A you can use it as a travel document to enter the country without abandoning the i485 application. It will actually save you time to use the L1A on entry as you will likely have to go for additional processing in the back room if you use Advance Parole!

ITsWhatIDo

I've also done some more searching and as the last 2 posters said, it seems if I travel on the L-1, it doesn't invalidate my AOS application. Phew.

Apologies to my Attorney, I will never question you again! After all you did pass the bar exam!

Folinskyinla

Hi:

If you have valid L-1A status and a visa, you do not need to use the advance parole to travel. Your attorney was correct. However, the advance parole is a good thing to have in your pocket. BTW, did you also get a work authorization? Inasmuch as no additional filing fee is involved, a belts and braces approach is not a bad idea.