L1B Adjustment of Status

[thestankers 10]

Hello there,

First up - i love this resource, so thank you all for sharing your experiences.

 

Background

The wife & I married last June, I managed to transfer to the US from the UK on a working L1B visa. My wife (american citizen) is pregnant and now we are expecting in August (Woohoo!), with that, I am looking to push my career forward therefore would like the right to work outside of my current company. Hence my application for adjustment of status. 

 

Questions

1. Is this guide OK to follow for L1B AOS? https://www.visajourney.com/content/i130guide2/
2. Xmas 2019 - we are planning on returning to the UK with the newborn to visit my older relatives. If I am on an L1B, and applying for adjustment of status, does this cause any serious issues about travelling outside of the US while this is all processing? (eg. are we going to have to cancel our trip?)
3. The important thing for me is getting the EAD - i've read conflicting information on potential timings on this, but does anyone have any tips to accelerate this?
4. My UK passport expires in December 2020 - will this complicate anything?
5. Are there any considerations or issues I haven't noticed yet, that you may be able to point out?

 

I showed my wife this resource last night as she wanted to go the lawyer route. Sounds like money down the drain so going to attempt this alone with all of your support 😀

 

Thanks

Ryan

 

 

 

 

Edited June 27, 2019 by thestankers

[Boiler 43,425]

When does your L1b run out?

[thestankers 10]

3 minutes ago, Boiler said:

When does your L1b run out?

It's 5 years long I believe, from 2018 to 2023. Do you think this causes an issue with the passport expiry date? How would this impact the AOS?

Edited June 27, 2019 by thestankers

[Hypnos 6,576]

1) Yes. 

 

2) L visa holders don't require Advance Parole to be able to temporarily leave the US without abandoning their AoS. So you shouldn't have an issue here. 

 

3) EADs are backlogged right now, and there isn't much you can do to change that. If anything, be grateful you already have the ability to work in the US - albeit only for one employer. Expect to wait ~5-10 months to receive your EAD. 

 

4/5) Not really. 

[JulienR 92]

On 6/27/2019 at 6:02 AM, thestankers said:

It's 5 years long I believe, from 2018 to 2023. Do you think this causes an issue with the passport expiry date? How would this impact the AOS?

L1B is originally valid for 3 years with a possibility to renew for another two years.

2) No problem for your December 2019 trip.

 

3) I read somewhere that you can request expedite of your EAD if you have a firm job offer but you need to do more research on that to confirm.

 

4) Generally, your passport has to be valid for 6 months after your date of entry, so no problem for December 2019 but if I were you I would renew it in 2020 in case you want to do another trip. Consulates understand that you have to have a passport valid for at least 6 months when you travel so you can renew it early.

 

5) I would advise you to file also for AP with your AOS and EAD. It's free and not much paperwork. The reason is, if you change employer after getting your EAD and before your AOS is approved, you won't be under an L1B visa anymore and will need AP to travel outside the US. As long as you are still with your employer on the L1B visa, you don't need to use the AP when you travel.

 

Lawyers can be good if you have a complicated case, but a waste of money for straight forward cases (which yours seems to be). Just read all the information and instructions available on the USCIS website carefully and in doubt ask your questions here, people are very helpful.

 

I am actually also following this path. We filed the I-130 petition for an immigrant visa in February and since then I got the opportunity to transfer within my company so I have now applied for an L1-B visa. My interview is on July 17. I will file for AOS once in the US.

Edited June 28, 2019 by JulienR

[thestankers 10]

Thank you all for your wonderful contributions so far, very helpful. I have already made a start preparing the necessary forms.

 

After reading a lot, I've learned you can complete a concurrent filing application (submitting the petition + I485 + all other information).

1. Would anyone recommend this?
2. How much time does this potentially save over the entire process?
3. In this instance, on I485 form, what would I enter for the petition receipt? From what I've read this depends whether your I130 generates a visa number is immediately available (eg. if there are errors in this then you are delayed). Is this correct?

 

 

 

 

Edited June 30, 2019 by thestankers

[Boiler 43,425]

That is the only way you can adjust. Not sure how recommendation comes into this. 

 

As there is not another option time saving does not come into it.

[JulienR 92]

As a spouse of a US citizen, your are not subject to any quota to become a permanent resident. This means you can submit the I-485 at the same time as the I-130 and you don't need any visa number. You actually submit all of that in the same package (make sure the paperwork is well organized). They will process the I-130 and the AOS at the same time I believe, your EAD and AP will come before.

[thestankers 10]

HI guys

Random question - i've noticed on the I485 form that at the very top it states: Expires 06/30/2019....which was yesterday....

 

I've checked the USCIS website and this is the latest template for the form they have. What does this mean? I'd assume there is risk in using this?

 

[geowrian 22,335]

5 minutes ago, thestankers said:

HI guys

Random question - i've noticed on the I485 form that at the very top it states: Expires 06/30/2019....which was yesterday....

 

I've checked the USCIS website and this is the latest template for the form they have. What does this mean? I'd assume there is risk in using this?

 

Stickied thread:

 

[thestankers 10]

Thank you sir!

 

As an L1B holder- for form I-765...

 

Question 1: I am applying for (a) Initial permission to accept employment or (c) Renewal of my permission to accept employment.

 

I believe (a) is the correct answer i need to submit but i want to check with the wiser on this forum. Please confirm

[geowrian 22,335]

Yes, initial EAD.

[thestankers 10]

Thanks for confirming!

 

Right, now onto the finishing stages of submitting my application, I have prepared the following cover letter, please provide feedback:

 

Nature of submission: Adjustment of Status Application For Immediate Relative (Spouse) from L1B Status

Petitioner (U.S. Citizen): NAME

Beneficiary (British Citizen / L1B Visa holder): NAME

Please find enclosed documentations for the concurrent filing of the following forms with all supporting documents: I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-864 (Affidavit of Support), I-765 (Application for Employment Authorization) and I-131 (Application for Travel Document).

1. Form G-1145 - e-Notification of Application/Petition Acceptance

2. Form I-130 - Petition for Alien Relative (Spouse):

   1. Check for money order $535: Payable to U.S. Department of Homeland Security

   2. Petitioner: 2 Passport style photographs  taken 06/30/2019

   3. Copy of Petitioners Birth Certificate

   4. Copy of Petitioners U.S. Passport

   5. Copy of Marriage Certificate

   6. Copy of Beneficiary’s Birth Certificate (United Kingdom)

   7. Copy of Beneficiary’s Passport including L1B Visa Page (United Kingdom)

   8. Beneficiary: 2 Passport style photographs taken 06/30/2019

   9. Evidence of Bona Fide Marriage, including:

      1. Wedding Photos, Vacation Photos (UK, Disney Florida, Copenhagen, UK), Plane Tickets for Vacations, Sonogram of our son due 08/13/2019, Child Birth Class Enrollment, Joint Bank Account (Chase), Gift Exchange (Earrings during Pregnancy and Apple Watch for Birthday).

   10. Form I-130a  - Supplemental Information for Spouse Beneficiary

        

3. Form I-765 – Application for Employment Authorization

   1. Beneficiary: 2 Passport style photographs taken 06/30/2019

   2. Copy of Marriage Certificate

   3. Copy of Beneficiary’s I-94 Record and Arrival/Departure Record

   4. Copy of Beneficiary’s Passport including L1B Visa Page (United Kingdom)

       

4. Form I-485 – Application to register adjustment of status

   1. Check for money order $1225: Payable to U.S. Department of Homeland Security

   2. Copy of Beneficiary’s Birth Certificate (United Kingdom)

   3. Copy of Beneficiary’s Passport including L1B Visa Page (United Kingdom)

   4. Copy of Beneficiary’s Electronic Form I-94 and Arrival/Departure Record

   5. Beneficiary: 2 Passport style photographs taken 06/30/2019

   6. Copy of Marriage Certificate

       

5. Form I-864 – Affidavit of Support

   1. Copy of Petitioners Birth Certificate (United States)

   2. Copy of Petitioners Tax Records

   3. Copy of Beneficiary last 3 months Pay Stubs and Annual Salary Summary

   4. Copy of Marriage Certificate