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NYKiwi

Applying for GC & AP while on L1

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Filed: AOS (pnd) Country: New Zealand
Timeline

Hello all,

I will be applying for my Green Card next month based on marriage to a US spouse. Can I apply for an AP under the following circumstances?:

I will be adjusting my status from L1 and may opt to change employers after receiving my EAD and before receiving the Green Card. I have overseas travel planned for later in the year. Is it acceptable for me to apply for AP under these circumstances and will it be approved even though I currently have approval to travel with my L1?

Thanks


May 21 - Sent AOS Package

May 24 - AOS Package Delivered (Day 1)

May 28 - Checks Cashed (Day 5)

Jun 1 - Touched - I130, I485, I131, I765 (Day 9)

Jun 2 - NOAs Received (Day 10)

Jun 3 - Touched - I130, I485, I131, I765 (Day 11)

Jun 15 - Touched - I130, I131, I765 (Day 23)

Jul 16 - InfoPass Appointment - 'Case in Progress!!!!' (Day 54)

Jul 23 - Received Biometric Letter - Scheduled for August 18 (Day 61)

Aug 2 - Received Approved Advance Parole (Day 71)

Aug 4 - Biometric Walk-In Completed (Day 73)

Aug 4 - Touched - I485, I765 (Day 73)

Aug 4 - EAD Card Production Ordered (Day 73)

Aug 9 - EAD Card Received (Day 85)

Sep 3 - Received Interview Appointment Letter - Oct 6 (Day 103)

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Hello all,

I will be applying for my Green Card next month based on marriage to a US spouse. Can I apply for an AP under the following circumstances?:

I will be adjusting my status from L1 and may opt to change employers after receiving my EAD and before receiving the Green Card. I have overseas travel planned for later in the year. Is it acceptable for me to apply for AP under these circumstances and will it be approved even though I currently have approval to travel with my L1?

Thanks

If you have an approved AP, and you do not have 180+ of unauthorized stay in the US, you can use the AP to travel with no issues.

You will still be responsible for following all procedures/rules for re-entry into the US.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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