Big Issue in the middle of AOS

S

Shigaell

Registered Users (C)
Dear all,

My I94 end date was 3 days ago, I sent I485, I130 and the all the stuff 5 days ago, I think that it is fine because I married a US citizen and despite Im on the edge, I have an immediate Visa.

The problem is this, I was on a L1 visa, my company need me to start working within 1 month again in the UA, and I dont think my EAD will be available by that, so they are telling me if I can come back to my country and they will apply for a new L1 blanket petition for me. The problem is that Im very scared of going abroad, because theorically I m currently overstaying my I94 (now for 3 days) and may be they will deny my new visa in the USA embassy of my country.

Do you know if is there any "grace period" (I heard that if I overstay less than 180 days ther is noproblem) ?? Or is there a way to go personally to get and advanced parole and not to wait for the delivery of the I131??

Any tip will be really appreciated, I desesperately need that work

Thank you all for the help,
 
Shigaell said:
they are telling me if I can come back to my country and they will apply for a new L1 blanket petition for me. The problem is that Im very scared of going abroad, because theorically I m currently overstaying my I94 (now for 3 days) and may be they will deny my new visa in the USA embassy of my country.
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They won't deny you the L1 based on your overstay, but it will likely lead to abandonment of your I-485.

Any tip will be really appreciated, I desesperately need that work
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If they want you, they can wait the 45 days it'll take for your EAD.
 
There is 180 days period in sense you won't have a ban if you leave the country. However there is a probability you won't be granted L1 due to the fact you have 485 pending. Being you I'd just try to negotiate with your company WITHOUT leaving the country, because EAD comes in pretty fast (1.5 - 2 months).
 
I think Iwill go that way. I hope that EAD come within 45 days, otherwise I won have chances with that job

Thank you all for your big help!
 
TheRealCanadian said:
An L1 cannot be denied based on immigrant intent.
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Hello TheRealCanadian,

Could you explain that a litte more? Which law are you talking? Thats very important for me, because I know I could ask for an expedited advanced pareole, and that way go back to my country and get a new visa and therefore a new I94.


Thank you a lot!
 
Shigaell said:
Could you explain that a litte more? Which law are you talking?
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The INA. It explicitly states that H and L visas cannot be denied based on immigrant intent.

Thats very important for me, because I know I could ask for an expedited advanced pareole, and that way go back to my country and get a new visa and therefore a new I94.
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I'm still pretty certain it's quicker and cheaper to wait for the EAD.
 
TheRealCanadian said:
The INA. It explicitly states that H and L visas cannot be denied based on immigrant intent.



I'm still pretty certain it's quicker and cheaper to wait for the EAD.
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Thank you very much Candian! I have been reading INA and couldnt find that. Could you tell me in which act is it??

Thank you a lot, I really appreciate your help!
 
TheRealCanadian said:
An L1 cannot be denied based on immigrant intent.
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I agree with that. However even though it should not, CIS always can find a reason (like he was out of status for several days, or not qualified, or something else). I just don't trust them personally. :)

Just wondering do you ALWAYS have to leave country for L1? I did extend my H1 after I filed for AoS, but I did it in US (and I never left even though I was legal all the time).
 
kittenKat said:
However even though it should not, CIS always can find a reason (like he was out of status for several days, or not qualified, or something else). I just don't trust them personally.
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While USCIS can deny a petition on a qualitative basis, merely being out of status is not a valid reason to deny the petition. if they are as nefarious as you believe, give them credit to deny petitions for unassailable reasons, not ones that a first-year law student could successfully challenge. :)

Just wondering do you ALWAYS have to leave country for L1? I did extend my H1 after I filed for AoS, but I did it in US (and I never left even though I was legal all the time).
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The OP is no longer in valid non-immigrant status, so generally one needs to leave the country and re-enter, since there is no status to extend. USCIS has the discretion to waive this, though.
 
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