AOS from P1, now married, able to continue to work and travel?

[jwalker720 0]

Hi,

I am a US citizen just starting the process of filing the i-130 and i-485 combo for my husband, a UK citizen. We have a question about employment and traveling while the application is processing.

He has been working in the US for the past 4 years on a P-1 performer work visa (which is renewed every Nov or Dec in the UK), we met in 2010, engaged Dec 2012, got married July 2013 and are now starting the process of AOS to a green card for spouse. He is in the US now on his current P-1 and we are filing the AOS while he is here, on advice from an immigration officer.

He has a job performing in a band and will need to continue his work. Once we send in the packet to USCIS (including i-765 and i-131), does that mean he has to stop working until we get the EAD back from them? How does that make sense if someone is already working at a job, that they would have to stop working for 2-3 months and wait for approval? Or can he continue to work since he is already here on a work visa? Does his P-1 work authorization become null once we send in the AOS?

We're also concerned about him being able to travel while the AOS is being processed. His job entails performances in the US and UK, and he has a gig upcoming in the UK on December 31. At this date his current P-1 will have expired. From what I've researched it sounds like he loses the ability to travel back and forth once we submit the AOS until he gets the AP approval? Is there any way to ensure he will be able to go to this gig and come back to the US?

Any help you could offer would be very much appreciated, thank you!

[h13rma 35]

Apply for advanced parole and he can travel, you may be able to expedite it on the basis of severe financial loss.

[Harpa Timsah 13,258]

He can still work in the US but he cannot travel until he has his AP. If he leaves the country his AOS will be abandoned.

[hmh33 117]

If you submit the application in the next week or two, it's quite likely (but not guaranteed) that he'll receive the advance parole, or even the green card, in time to travel to the UK for a New Year's performance.

[h13rma 35]

I looked back on my timeline. I had to do something similar, we filed in April and I work for an oil company that requires me to work for a month at a time in West Africa. Once we had applied for advanced parole and received our NOA I phoned USCIS and requested expedited parole, I had requested a letter from my employer stating that they required me to travel for work and photocopied some of the 80 or so stamps I have in my passports and sent them in. MY wife the USC also asked our local Congresswoman for a letter asking USCIS to help out which she did. I recieved my Advance Parole 36 days after I sent of the package.

[jwalker720 0]

Great thanks for all your info!