Changing visa while on AOS

[chancecody 123]

Hi Everyone,

 

The company that gave me a job offer do not want to wait for USCIS to expedite my I-765. They’d rather sponsor me and give me a new work visa (eg H1B or L1 etc). Do you know if this will compromise my family-based AOS? I filed my AOS based on B2 visa. If I get an employment-based sponsorship and change from B2 to H1-B or other work visa, does this jeopardize my family-based AOS?

 

Thanks.

[Boiler 43,430]

No

 

Now how realistic that is well another matter

[Coco8 1,039]

Why did you AOS while in the US? Did you marry a US citizen?

 

H1B is closed for the year so they won't be able to get one. I'm pretty sure the quota for 2021 has been met.

 

L1 is only for intra-company transfer. It doesn't seem as you are currently employed with a company abroad.

 

Neither option would affect AOS, but they don't seem likely at all.

Edited September 23, 2021 by Coco8

[arken 4,197]

Tell your prospective employer that expedited or even unexpedited EAD is the only best shot they got. Few months wait vs 12 months wait for H1B that too if you get selected in the lottery.

[Boiler 43,430]

Not all H1b's are subject to the lottery

[arken 4,197]

18 minutes ago, Boiler said:

Not all H1b's are subject to the lottery

 

Yes, agreed. 

[Coco8 1,039]

23 minutes ago, Boiler said:

Not all H1b's are subject to the lottery

 

He said company so it's very unlikely they aren't subject. Only universities and non-profits are not subject.

[Boiler 43,430]

1 minute ago, Coco8 said:

 

He said company so it's very unlikely they aren't subject. Only universities and non-profits are not subject.

Well the information is very vague anyway getting work status especially if it is dual intent would not be an issue, for example work visa was mentioned but assume status is what is being talked about.

 

Let the Employer Lawyer work through the process and see what is on offer.

[Demise 1,094]

3 hours ago, chancecody said:

Hi Everyone,

 

The company that gave me a job offer do not want to wait for USCIS to expedite my I-765. They’d rather sponsor me and give me a new work visa (eg H1B or L1 etc). Do you know if this will compromise my family-based AOS? I filed my AOS based on B2 visa. If I get an employment-based sponsorship and change from B2 to H1-B or other work visa, does this jeopardize my family-based AOS?

 

Thanks.

Primary question is if your B-2 period of admission is still valid.

 

If yes, then yeah, you can do a change of status on the I-129 and USCIS will issue you a new I-94 for H-1B once that's approved.

If no, then no, change of status requires you to be in a valid non-immigrant status (other than C, D, K, TWOV, or VWP) at the time of filing for a change of status.

 

Seeking a change of status while your AOS is pending will in no way interfere with the AOS.

Edited September 23, 2021 by Demise

[Mollie09 1,543]

17 hours ago, chancecody said:

Hi Everyone,

 

The company that gave me a job offer do not want to wait for USCIS to expedite my I-765. They’d rather sponsor me and give me a new work visa (eg H1B or L1 etc). Do you know if this will compromise my family-based AOS? I filed my AOS based on B2 visa. If I get an employment-based sponsorship and change from B2 to H1-B or other work visa, does this jeopardize my family-based AOS?

 

Thanks.

Does you employer mean TN visa?

[chancecody 123]

16 hours ago, Demise said:

Primary question is if your B-2 period of admission is still valid.

 

If yes, then yeah, you can do a change of status on the I-129 and USCIS will issue you a new I-94 for H-1B once that's approved.

If no, then no, change of status requires you to be in a valid non-immigrant status (other than C, D, K, TWOV, or VWP) at the time of filing for a change of status.

 

Seeking a change of status while your AOS is pending will in no way interfere with the AOS.

Yes, B2 visa is valid until mid-October.

 

My apologies if it was not clear to all. Further information below:

1. I am on I-485 Family-based AOS married to a USC. I adjusted from B2 status and entered this in the I-485 application. My I-94 says B2.

2. Employer A in Seattle, WA that precipitated my question can’t wait for expedite as I had been waiting since August. I involved my Senator and no outcome yet. Employer A told me that they’d like to give me a work visa instead. I don’t know what is that work visa. They said they are used to sponsoring people from other countries so they are seeking legal counsel. See my main question below and do not over analyze what visa they will give me.

3. Employer B (current large multinational company) that I currently work for in Canada found out I was planning to leave and tried to offer me L1A visa to transfer to the US (Intracompany transferee).

 

Main Question: I filed my AOS as B2. If either employer A or B succeeded in giving me a work visa, does it compromise or void my family-based petition I-485? 

[Boiler 43,430]

How are you still employed for a Canadian company sounds like they have a very generous vacation policy.

 

As mentioned a visa is not applied for in the US so presumably they are talking about a change of status?

 

Which work visa is being discussed is super important.

Edited September 24, 2021 by Boiler

[chancecody 123]

9 minutes ago, Boiler said:

How are you still employed for a Canadian company sounds like they have a very generous vacation policy.

 

As mentioned a visa is not applied for in the US so presumably they are talking about a change of status?

 

Which work visa is being discussed is super important.

I think we are getting somewhere finally 😛. Let’s say L-1A. Since I am already inside the US, Employer B cannot petition i-129 for L1-A without me having to leave and re-enter the US, correct? If I take the L1-A option, it means I have to leave the US without my AP meaning I abandoned my AOS. Does this make sense? Or can the employer give me L1-A while I am inside the US?

 

This is the reason why I asked this question before my meeting with either company next week. I don’t want to jeopardize my AOS for either of them. I want to be prepared for this meeting.

[Boiler 43,430]

They could look to do a CoS, how long it would take is another matter.

 

You need to ask exactly what they are proposing and what the time line would be.

[nullaccount234 882]

If your current company has an approved blanket L petition it seems that you could possibly change status while in the US (see USCIS.gov excerpt below). What I'm not sure of is whether change of status to L1 = abandoning AoS. But it makes sense that it would be abandoned, because you're no longer on the B2 or expired B2, you're on an L1 and would probably need to apply again to adjust from the L1 instead.

 

If you have the offer, it doesn't hurt to try and expedite your EAD based on financial loss. This may have changed during Covid times, but there are expedite cases on here that are four weeks from application to EAD in hand.

 

(from USCIS.gov:)

Change of Status Request for Beneficiaries Who are in the United States:

All petitioners requesting a change of status to L-1 based on an approved blanket L petition for a beneficiary who is currently in the United States must file the following:

• Form I-129, Petition for a Nonimmigrant Worker, and
• Form I-129S, Nonimmigrant Petition Based on Blanket L Petition (the 06/02/16 edition only).

We may reject any Form I-129 for an L-1 blanket change of status request that does not also include Form I-129S.

Edited September 24, 2021 by LizM