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mess22

L1 to AOS suggestions needed

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Hi,

I am on L1 here which expires August 2013, but my I94 is till 2015 and I am in valid status to stay with my I94.

My girlfriend is a US citizen and we are planning to get married anytime this year and apply AOS for me. But I have the following points which I am not sure of.

1) Is it mandatory to let my employers know about my plan to apply for AOS, as I am tied to my employer until I file AOS.

2) My employer wants to file a fresh H1-B this year, is that a good idea or I should stay on my valid I94 and apply AOS later this year.

3) Would I be able to work when I file AOS, as I will have a expired L1 but valid I94.

Anyone who gone through similar process, please help.

Thanks.

Edited by mess22

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Hi,

I am on L1 here which expires August 2013, but my I94 is till 2015 and I am in valid status to stay with my I94.

My girlfriend is a US citizen and we are planning to get married anytime this year and apply AOS for me. But I have the following points which I am not sure of.

1) Is it mandatory to let my employers know about my plan to apply for AOS, as I am tied to my employer until I file AOS.

No, employer has no power over you to prevent or know about your AOS through family.

2) My employer wants to file a fresh H1-B this year, is that a good idea or I should stay on my valid I94 and apply AOS later this year.

Don't really know the answer to this but if you happened to be married 90 days before August, you can file for EAD along with AOS. EAD has to be issued within 90 days of receipt. In this case you can maintain your continuity at work. Please note that you cannot marry to get immigration benefit. That is against the law. Once you get your EAD you can start working for any employer.

3) Would I be able to work when I file AOS, as I will have a expired L1 but valid I94.

You should file for I-765(EAD) and I-131 (AP) while filing for AOS (I-485). It's free if you apply with I-485. USCIS must/should issue you EAD within 90 days (I got mine in 59 days) of receipt. Once you have EAD you can work while your AOS is pending. AP will help you if you need to travel outside of US while your application is pending.

Anyone who gone through similar process, please help.

Thanks.

Edited by inqztve

What I post here is merely my personal opinion and not a valid legal advice and should not be viewed as such.

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Thanks for your reply, I read somewhere that if I am on a work visa(L1), I can still work while AOS is in progress. Is this true ?

Also is applying for EAD and AP mandatory ? or its just good to have ?

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Thanks for your reply, I read somewhere that if I am on a work visa(L1), I can still work while AOS is in progress. Is this true ?

Yes, you can keep working on your valid L-1 or H-1B VISA. AOS petition doesn't nullify it. I was on H-1B when I filed my AOS. But you have to stop working when it expires unless you already got your EAD.

Also is applying for EAD and AP mandatory ? or its just good to have ?

EAD is just good to have since it gives you ability to work for any employer unlike H-1B or L-1 where you are tied to your sponsoring employer. It's not mandatory.

AP is mandatory only if you plan to leave US while AOS is pending. If you leave the country without an approved AP USCIS will consider you AOS application as abandoned and they will deny it. However, if you do not leave US before the AOS approval you don't need to file the AP. Again, both are free if filed together with I-130 and I-485. So, why not?


What I post here is merely my personal opinion and not a valid legal advice and should not be viewed as such.

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