I-485 pending, with L1 status

[Cruller 0]

I’m on an L1-A visa. What restrictions are there around leaving my job while my green card is pending? If I leave my job, does it limit my ability to travel? Can I take another job once I receive my EAD? 

[appleblossom 1,348]

How are you applying for a green card? Just checking as you've posted this in the spouse visa section, so your spouse is sponsoring you, it's not an employment based sponsorship?

[Cruller 0]

Thanks very much for the clarification question apple blossom. It’s a family based (spouse) application, not employment based. 

[appleblossom 1,348]

44 minutes ago, Cruller said:

Thanks very much for the clarification question apple blossom. It’s a family based (spouse) application, not employment based. 

 

So you can leave your job, no problem. You can't travel until you have AP, but once you have that you're good to go.

 

Good luck with it. 

[Cruller 0]

Thanks very much. Do you know if I can apply for other jobs when my EAD comes through, if my green card is still pending?  

[appleblossom 1,348]

33 minutes ago, Cruller said:

Thanks very much. Do you know if I can apply for other jobs when my EAD comes through, if my green card is still pending?  

 

Yes. Your job has no relevance to a spousal application, you could be unemployed, or retired, or a student etc. 

[PVR Bound 130]

4 hours ago, Cruller said:

Thanks very much. Do you know if I can apply for other jobs when my EAD comes through, if my green card is still pending?  

Yes, per AppleBlossom's quote, you are free to apply for another job based on your EAD while waiting on the green card.

 

L1-A to AOS based on marriage was the same path that I took. I also used my AP card to come back into the US after some international travel instead of using my then valid L1-A visa. It worked out but maybe not worth the risk for everyone... and if I were to have that choice again, I would use the visa as opposed to AP. However if you change jobs using the EAD, you will not have the same decision to make after international travel, you will need to use your AP.

 

https://immigrationvisaattorney.com/consequences-using-aos-ead-and-ap/

[Cruller 0]

Thanks very much to both of you. That's great to know, and the link was super helpful. 

 

Would you happen to know, either from personal experience or otherwise, the extent to which employers are open to hiring individuals with an EAD, and green card pending? I'm not aware of any examples myself. 

[powerpuff 5,916]

*** Topic moved from Bringing family members (other than spouses) of US citizens forum to Adjustment of status from work/tourist/student visas forum***

[VinnyH 59]

I may be wrong but my understanding is that a L-1 visa is a dual intent visa. Therefore, as a L-1 visa-holder, you can technically re-enter the U.S. without using the AP.

 

I was an E-2 visa holder and my husband was a L-1. My company sponsored me for the green card, with my husband being a dependent. While we were adjusting for status, I could absolutely not travel until I got my AP (EAD+AP Combo Card). My husband had to fly abroad for business and was able to re-enter under his L-1. He did it 3 times without issue. The CBP Officer did ask him some questions as it probably popped up on his screen that he had a I-485 pending.

 

Of course, when we both received our combo card, he used it rather than the L-1 visa, although it was much more inconvenient (AP requires to go through secondary inspection while L-1 does not).

 

[PVR Bound 130]

16 minutes ago, VinnyH said:

I may be wrong but my understanding is that a L-1 visa is a dual intent visa. Therefore, as a L-1 visa-holder, you can technically re-enter the U.S. without using the AP.

Correct unless you leave your L1 sponsor employer and find a new job using your EAD.

 

Coming in to the country using AP when you have a valid L1 (ie you don’t find a new job using EAD) brings you in as a parolee as opposed to L1 status. This is a risk if your AOS is subsequently denied and you no longer have status. 
 

the link above explains

Edited November 1, 2023 by Old_Glory

[VinnyH 59]

8 minutes ago, Old_Glory said:

Correct unless you leave your L1 sponsor employer and find a new job using your EAD.

 

Coming in to the country using AP when you have a valid L1 (ie you don’t find a new job using EAD) brings you in as a parolee as opposed to L1 status. This is a risk if your AOS is subsequently denied and you no longer have status. 

 

Yes, but your L-1 visa is technically still valid if you haven't left your employment. You are only a parolee from the moment you re-entered under the AP. Therefore, exiting the U.S. and re-entering with your L-1 should reinstate your status, no?