L1 approval

Old Sep 9th 2002, 12:01 am
  #1  
Forum Regular
Thread Starter
 
Joined: Aug 2002
Posts: 33
peaches is an unknown quantity at this point
Default L1 approval

We just got our L1 approval last week Thursday. L1 visa is a work transfer which requires you to work for a foreign company that has a branch here in US. Then you can do a transfer and actually get Premium processing which is approval, RFE, or denial in 15 days. Ours got approved in 13 days at Nebraska. Now my fiance has to go to the Consulate in Belgium to get his L1 stamp in his passport. Then he comes here to work and we can marry and do AOS. The AOS is basically the same as the tourists AOS except we do not need advance parole or EAD. Since he is working we do not need EAD unless he wants to go to another employer. And no advance parol because with a L1 he can travel ouside of the US. This reason is technically you are still a L1 unless you apply for marriage based EAD. I think just to be sure we will still get advance parole. L1 is a dual intent visa so you can not be punished for marrying and disclosing your plans to marry and intent to immigrate. You can also apply for a green card while working on a L1. We plan to marry Oct or Nov. We have to get marriage license which takes 2 to 3 weeks and decide how we want to do it. I have been married before so it is not big deal to me I had big wedding. But to him I want it special. I do have a few questions for anyone who may know them...........
1.) Anyone know timeframe on AOS in Detroit for non K1?

Reason being is we do not have to AOS right away and we want to have my fiances income count so then we have to be married for 6 months to have that happen. I just worry interview may be early than that.

2) When we submit AOS affadavit of support forms can I submit ones that are not up to guidelines? Then later submit ones with my fiances and my income since we are hoping to get that in 6 months time. Or should I get co sponsor and mine then bring the new ones and exchanging my co sponsors with my fiances?
Thanks
Sorry it is so long
peaches is offline  
Old Sep 9th 2002, 3:48 pm
  #2  
Andy Platt
Guest
 
Posts: n/a
Default Re: L1 approval

"peaches" <[email protected]> wrote in message news:[email protected]...
    > We just got our L1 approval last week Thursday. L1 visa is a work transfer which
    > requires you to work for a foreign company that has a branch here in US. Then you
    > can do a transfer and actually get Premium processing which is approval, RFE, or
    > denial in 15 days. Ours got approved in 13 days at Nebraska. Now my fiance has to
    > go to the Consulate in Belgium to get his L1 stamp in his passport. Then he comes
    > here to work and we can marry and do AOS. The AOS is basically the same as the
    > tourists AOS except we do not need advance parole or EAD. Since he is working we do
    > not need EAD unless he wants to go to another employer. And no advance parol
    > because with a L1 he can travel ouside of the US. This reason is technically you
    > are still a L1 unless you apply for marriage based EAD. I think just to be sure we
    > will still get

A couple of corrections:

a) Applying for the EAD won't change his L-1 status; *using* it by working for a
different employer than his L-1 sponsor would change his status.
b) In order to continue to use the L-1 to travel after applying for AOS you need the
I-797 receipt for filing for adjustment of status. Local INS offices do not give
this out. It's not clear what would happen if he travelled on his L-1 visa anyway.
Note that if he uses advance parole he will no longer be in L-1 status and would
require an EAD.

    > advance parole. L1 is a dual intent visa so you can not be punished for marrying
    > and disclosing your plans to marry and intent to immigrate. You can also apply for
    > a green card while working on a L1. We plan to marry

True but he should be honest about having a fiancee in the US when applying for the
visa. Otherwise they could decide his application had been fraudulent.

    > 1.) Anyone know timeframe on AOS in Detroit for non K1?

According to the AILA estimates it is a year:

http://members.aol.com/MDUdall/in-
stimes.htm


    > 2) When we submit AOS affadavit of support forms can I submit ones that are not up
    > to guidelines? Then later submit ones with my fiances and my income since we are
    > hoping to get that in 6 months time. Or should I get co sponsor and mine then
    > bring the new ones and exchanging my co sponsors with my fiances?

Option 2 is safer or you could just wait to file until he has been living there for
six months.

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Sep 9th 2002, 9:41 pm
  #3  
Forum Regular
Thread Starter
 
Joined: Aug 2002
Posts: 33
peaches is an unknown quantity at this point
Default Re: L1 approval

http://k1.exit.com/touristframes.html
H1B and other work visa notes: There is an INS exemption for H1 and L1 visa holders. The way this works is this: even though you apply for adjustment of status, you keep your H-1 or L-1 status, UNLESS you USE a marriage-based EAD card. What this means in real terms is that IF you do NOT use a marriage-based EAD you are still H1 or L1 and CAN travel outside the US withOUT having advance parole. Of course, you would still have to work for the H1 or L1 employer in this situation.

If you want/need to change employers, you can apply for the marriage-based EAD card when you file adjustment of status (or any time after that), HOWEVER once you USE the marriage-based EAD card, your status has effectively been changed to "pending adjustment" based on the marriage, and you WILL need advance parole to travel outside/back into the U.S. Read about this exemption from Shusterman's site (hint: search for "advance" to get to where he talks about using advance parole if you have marriage-based EAD card, it's almost halfway down the page). The KEY POINT is that once you USE the marriage-based EAD, you have changed your status from H-1 or L-1 at that time, and your new status is "pending adjustment based on marriage to a US citizen".
peaches is offline  
Old Sep 10th 2002, 3:24 pm
  #4  
Andy Platt
Guest
 
Posts: n/a
Default Re: L1 approval

"peaches" <[email protected]> wrote in message news:[email protected]...
    > http://k1.exit.com/touristframes.html-
    >
     H1B and other work visa notes: There is an INS exemption for H1 and L1 visa
    > holders. The way this works is this: even though you apply for adjustment of
    > status, you keep your H-1 or L-1 status, UNLESS you USE a marriage-based EAD card.
    > What this means in real terms is that IF you do NOT use a marriage-based EAD you
    > are still H1 or L1 and CAN travel outside the US withOUT having advance parole. Of
    > course, you would still have to work for the H1 or L1 employer in this situation.


Yes, yes, yes. Everyone says that, nobody checks the law. Here's the ruling that has
put out for comment - you can search for the law that was implemented but it's almost
identical but I haven't got it bookmarked:

http://www.shusterman.com/hl-99regs.-
html


This says:

" (C) The travel outside of the United States by an applicant for adjustment of
status who is not under exclusion, deportation, or removal proceeding and who is in
lawful H-1 or L-1 status shall not be deemed an abandonment of the application if,
upon returning to this country, the alien remains eligible for H or L status, is
coming to resume employment with the same employer for whom he or she had previously
been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a
valid H or L visa (if required) and the original I-797 receipt notice for the
application for adjustment of status. The travel outside of the United States by an
applicant for adjustment of status who is not under exclusion, deportation, or
removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an
abandonment of the application if the spouse or parent of such alien through whom the
H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains
otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid

[[Page 29212]]

H-4 or L-2 visa (if required) and the original copy of the I-797 receipt notice for
the application for adjustment of status."


Note that the *law* requires the "original copy of the I-797 receipt notice for the
application for adjustment of status.". So, regardless of what INS FAQs say, the law
requires you have a notice that the local INS offices do not give out. So, what will
happen if you travel anyway? Who knows, I didn't risk it and I wouldn't recommend
anyone else to.


Andy.


--
I'm not really here - it's just your warped imagination.
 
Old Sep 10th 2002, 7:57 pm
  #5  
Forum Regular
Thread Starter
 
Joined: Aug 2002
Posts: 33
peaches is an unknown quantity at this point
Default Re: L1 approval

Well he plans to keep working for the employer so we are not gonna file the EAD. So you are saying we should apply for advance parole just to be safe?
Thanks
peaches is offline  
Old Sep 11th 2002, 1:10 pm
  #6  
Andy Platt
Guest
 
Posts: n/a
Default Re: L1 approval

What I'm saying is that if you leave the US without advance parole and without an
I-797 for the receipt of the adjustment of status application, the new regulations do
not cover you and it is unclear what the result of doing this would be. I can see two
potential things:

a) The INS not noticing; the common belief is that L-1 / H-1B visa holders (and
derirative) can freely travel with their visas during adjustment of status.
b) They will say, sorry, you left without these things and so abandoned the
adjustment of status.

A couple of people have consulted lawyers on this and there is no conclusive answer.

Andy.

--
I'm not really here - it's just your warped imagination. "peaches"
<[email protected]> wrote in message news:[email protected]...
    > Well he plans to keep working for the employer so we are not gonna file the EAD. So
    > you are saying we should apply for advance parole just to be safe? Thanks
    > --
    > Posted via http://britishexpats.com
 
Old Sep 11th 2002, 8:43 pm
  #7  
Forum Regular
Thread Starter
 
Joined: Aug 2002
Posts: 33
peaches is an unknown quantity at this point
Default Re: L1 approval

we have a complete copy of everything! Is that acceptable or does it have to be original? Or is it better to just do advance parole. We do not plan to leave US but his parents are old and you never know when something urgent could happen. And we would like to marry over there for his family also.
thanks
peaches is offline  
Old Sep 12th 2002, 11:43 am
  #8  
Andy Platt
Guest
 
Posts: n/a
Default Re: L1 approval

I give up!!! How clear do I have to be. If you are adjusting status through a local
INS office you do *not* get an I-797 receipt for the adjustment of status and can
therefore not fulfill the regulations as they exist. I was in H-1B status and decided
the easiest thing was to get an EAD and AP and use those - though I should say that
the H-1B was expiring anyway, though I still had a further three years renewal time.

Andy.

--
I'm not really here - it's just your warped imagination. "peaches"
<[email protected]> wrote in message news:[email protected]...
    > we have a complete copy of everything! Is that acceptable or does it have to be
    > original? Or is it better to just do advance parole. We do not plan to leave US but
    > his parents are old and you never know when something urgent could happen. And we
    > would like to marry over there for his family also. thanks
    > --
    > Posted via http://britishexpats.com
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.