Status During Green Card Application
Nov 29th 2022, 1:11 pm
#1
Forum Regular
Thread Starter
Joined: Mar 2022
Location: New York
Posts: 133
Status During Green Card Application
Hello,
I am currently on L-1A and as I'm marrying a USC soon, going to be embarking on green card process.
I'm trying to understand my status during this process especially with regard to working and traveling.
As I understand it, I can (and should) file I-130, I-485, I-765 and I-131 all at the same time.
After filing - am I still able to make short trips abroad and re-enter? I read that it could constitute abandoning my application. But I already am able to travel under my L-1A.
Then biometric and hopefully receipt of EAD/travel authorization card.
At that point with EAD in hand can I leave and re-enter the country (short trips)? Can I change job or employer?
I am currently on L-1A and as I'm marrying a USC soon, going to be embarking on green card process.
I'm trying to understand my status during this process especially with regard to working and traveling.
As I understand it, I can (and should) file I-130, I-485, I-765 and I-131 all at the same time.
After filing - am I still able to make short trips abroad and re-enter? I read that it could constitute abandoning my application. But I already am able to travel under my L-1A.
Then biometric and hopefully receipt of EAD/travel authorization card.
At that point with EAD in hand can I leave and re-enter the country (short trips)? Can I change job or employer?
Nov 29th 2022, 3:07 pm
#2
BE Commentator
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
Re: Status During Green Card Application
8 CFR 245.2(a)(4)(ii)(C)
Nov 29th 2022, 3:21 pm
#3
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,855
Re: Status During Green Card Application
Hello,
I am currently on L-1A and as I'm marrying a USC soon, going to be embarking on green card process.
I'm trying to understand my status during this process especially with regard to working and traveling.
As I understand it, I can (and should) file I-130, I-485, I-765 and I-131 all at the same time.
After filing - am I still able to make short trips abroad and re-enter? I read that it could constitute abandoning my application. But I already am able to travel under my L-1A.
Then biometric and hopefully receipt of EAD/travel authorization card.
At that point with EAD in hand can I leave and re-enter the country (short trips)? Can I change job or employer?
I am currently on L-1A and as I'm marrying a USC soon, going to be embarking on green card process.
I'm trying to understand my status during this process especially with regard to working and traveling.
As I understand it, I can (and should) file I-130, I-485, I-765 and I-131 all at the same time.
After filing - am I still able to make short trips abroad and re-enter? I read that it could constitute abandoning my application. But I already am able to travel under my L-1A.
Then biometric and hopefully receipt of EAD/travel authorization card.
At that point with EAD in hand can I leave and re-enter the country (short trips)? Can I change job or employer?
File everything as you said… but as long as you are still working for your L1a employer use your L1a to travel / for I-94, I believe there may be requirement to be present in the US when some of the GC filling is submitted, don’t recall which. But that only grounded me for 2 or 3 days, not the whole time it’s pending.
If you were to loose your job or wish to change roles / employers your L1a would become invalid , and then you could use the EAD/AP once in hand. Note it’s the AP for travel not EAD, although I think these have been combined in to one card now since I went through the process.
Nov 29th 2022, 3:50 pm
#4
BE Forum Addict
Joined: Dec 2005
Location: Colorado Springs
Posts: 1,214
Re: Status During Green Card Application
You can travel and re-enter on your L-1 visa, and maintain your L-1 status while waiting for your green card (I-485 submitted/pending).
If you travel and re-enter the country using I-131/765 you then switch to that status - "Paroled" - until you get your green card. This means you are no longer on your L1 at that point. It also means that you can take up additional or alternate employment at that point.
If you travel and re-enter the country using I-131/765 you then switch to that status - "Paroled" - until you get your green card. This means you are no longer on your L1 at that point. It also means that you can take up additional or alternate employment at that point.
Nov 29th 2022, 9:32 pm
#5
Forum Regular
Thread Starter
Joined: Mar 2022
Location: New York
Posts: 133
Re: Status During Green Card Application
Great, thanks for the info.
This is great, and means I'm only tied to my employer/job until I get my EAD, rather than until I get my GC. That should be many months faster than the actual GC.
(Aside, yes tht I believe you can get a combo card with both EAD and travel authorization in one).
This is great, and means I'm only tied to my employer/job until I get my EAD, rather than until I get my GC. That should be many months faster than the actual GC.
(Aside, yes tht I believe you can get a combo card with both EAD and travel authorization in one).
Nov 29th 2022, 10:00 pm
#6
Concierge
Joined: Apr 2001
Posts: 46,390
Re: Status During Green Card Application
Great, thanks for the info.
This is great, and means I'm only tied to my employer/job until I get my EAD, rather than until I get my GC. That should be many months faster than the actual GC.
(Aside, yes tht I believe you can get a combo card with both EAD and travel authorization in one).
This is great, and means I'm only tied to my employer/job until I get my EAD, rather than until I get my GC. That should be many months faster than the actual GC.
(Aside, yes tht I believe you can get a combo card with both EAD and travel authorization in one).
I would suggest future posts regarding your wife and your filing of the I-130 and I-485 along with the other applications that need to be submitted should be asked in the US Marriage-Based Forum.
Nov 30th 2022, 3:20 am
#7
BE Enthusiast
Joined: Sep 2017
Location: Miami
Posts: 462
Re: Status During Green Card Application
I was on an L1a. I got a GC through EB1c Not marriage, but I don’t think that should make a difference. Others may have more recent / marriage based experience.
File everything as you said… but as long as you are still working for your L1a employer use your L1a to travel / for I-94, I believe there may be requirement to be present in the US when some of the GC filling is submitted, don’t recall which. But that only grounded me for 2 or 3 days, not the whole time it’s pending.
If you were to loose your job or wish to change roles / employers your L1a would become invalid , and then you could use the EAD/AP once in hand. Note it’s the AP for travel not EAD, although I think these have been combined in to one card now since I went through the process.
File everything as you said… but as long as you are still working for your L1a employer use your L1a to travel / for I-94, I believe there may be requirement to be present in the US when some of the GC filling is submitted, don’t recall which. But that only grounded me for 2 or 3 days, not the whole time it’s pending.
If you were to loose your job or wish to change roles / employers your L1a would become invalid , and then you could use the EAD/AP once in hand. Note it’s the AP for travel not EAD, although I think these have been combined in to one card now since I went through the process.
