Does AOS give me the right to remain in US if i entered on an L1-B and quit job?

[tom101 0]

Hello All,

I hope one of you can give me some advice (and a reference to the USCIS rule book) on the following plan:

The facts so far

==========

I am UK citizen

I have been working on an L1-B in the US for ~18 months.

Recently I married my fiancée, who is a US citizen

I will file for AOS in the next few days

The plan

======

File my AOS (and apply for AP and EAD)

Quit my job within a few weeks of filing for my AOS (at which point I lose my L1-B)

Vacation in the US for a few months

Start a new job in August or so (when my EAD comes through)

Visit the UK for 2 weeks at end of September (on my AP)

Return to the US

Wait for my GC to arrive

My Questions

=========

1. Am I right in thinking that I can legally remain in the US once I have filed my AOS *even if* I give up my L1-B by quitting my job?

2. If so, can anyone provide a link to the USCIS website that states that (1) is true?

3. Does quitting my job shortly after filing AOS cast any doubt on my AOS application, or cause any other problems?

4. Does anyone see any other problems with the plan that I propose?

Thanks in advance for your help,

tom

[rebeccajo 14]

You'll need to speak to a qualified immigration attorney about your plan.

I believe you will be advised against traveling outside the US until you have your greencard in hand.

[tom101 0]

You'll need to speak to a qualified immigration attorney about your plan.

I believe you will be advised against traveling outside the US until you have your greencard in hand.

Thanks for the reply rebeccajo - it is useful to get your thoughts.

An attorney sounds like a good idea.

But im intriguied by your response, because it is contrary to what ive heard elsewhere.

Could you elaborate on why woudl advise against travel prior to getting the GC? (I thought that was the exact point of the AP!)

Would you mind citing your sources for us?

Can anyone else shed light on this?

thanks

tom

[dolphin1 5]

my advice for u ,if u have not quit ur job, i think u better stick with it,if u cant then u wont have a problem i think as u married a USC but u will stay out of status and also u wont be able to work till u get the EAD.one thing ur plans seem fibe BUT none knows when they will get the EAD the AP and the green card, so what if what u r planning of wont come true ,none knows about tomorrow so like i said in my point of view tick with ur job.i can be right or wrong just wanted to tell u what i thought.

[tom101 0]

Can anyone shed any light on this at all?

I am talking to lawyers, but I'd also like to hear about what people out there have experienced.

thanks

tom

[Dan J 277]

You'll need to speak to a qualified immigration attorney about your plan.

I believe you will be advised against traveling outside the US until you have your greencard in hand.

Thanks for the reply rebeccajo - it is useful to get your thoughts.

An attorney sounds like a good idea.

But im intriguied by your response, because it is contrary to what ive heard elsewhere.

Could you elaborate on why woudl advise against travel prior to getting the GC? (I thought that was the exact point of the AP!)

Would you mind citing your sources for us?

Can anyone else shed light on this?

thanks

tom

Using AP while adjusting from certain types of visas can cause reentry to be denied. Ussualy the problematic visas are non-immigrant visas that are not considered dual intent. Like tourist visas for example.

L-1 class does appear to be dual intent, so i think you should be able to use AP successfully, but you should still contact an attorney and discuss your case with him.