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prakashpcs

Re enter USA with valid L1 and pending I 485 status

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Filed: AOS (pnd) Country: India
Timeline

I am on L1 B (Valid till Oct 2013). I will apply for AOS (because of my marriage to a US citizen) in November 2012.

Can I go for a vacation from 10-Jan-2013 to 31-Jan 2012. This is the time when my I 485 will be in pending status.

Will there be any problem while trying to enter USA with valid L1 and pending I 485 status ?

Please suggest

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L-1 is a dual intent visa so you shouldn't have an issue. However, it's possible you could be scheduled for an interview in that time so make sure you have someone checking your mail while away and be prepared to return for it if needed.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: AOS (pnd) Country: India
Timeline

L-1 is a dual intent visa so you shouldn't have an issue. However, it's possible you could be scheduled for an interview in that time so make sure you have someone checking your mail while away and be prepared to return for it if needed.

Thanks a lot for the info, I have few more questions:

Should I go for an Attorney ? How much will they charge?

I am not willing to go to an attroney due to their high fees, but i will go thru them in case if it is very difficult to file by myself.

Since i am travelling to India on 10th Jan, should I marry 90 days before that so that i will have my EAD before I go for a vacation?

I don't have any issue if i get my EAD by feb but I want all other documentation and proceeding (ex: biometric test) done before January.

Please suggest what should be my timeline?

Can't I postpone my interview date if it is scheduled during my vacation?

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