Does anyone know what should I do?

C

Cachon

Registered Users (C)
Well, this is my story:

I entered to USA with an L1A in August 2001. This visa will expire in 08/04. In the meantime, my company filed concurrently I-140 and I-485 on Jun/24/03 in TSC. I-140 was approved on Oct14. No FP yet.
Now, my company is going to be acquired by another company and probably, I am going to be laid off in early 2004. I have a job offer from other similar company, similar position, 10% less salary that a bonus will offset, and no problem to demonstrate ability to pay. I am planning to take it before I get fired.

Question #1.- Can I really move on Jan/2004? AC21 180 days on Dec/24/03. If yes,
Question #2.- Is it not too early?
Question #3.- Do I need to get immediately an EAD and AP, or is my visa valid until expiration?
Question #4.- What about my family? They have an L2.

I think I am going to start worry myself.
 
cachon,

First of all - stop worrying - it only makes life more complicated.

Here are my answers to your questions,

Question #1.- Can I really move on Jan/2004? AC21 180 days on Dec/24/03. If yes,

>> - YES YOU CAN INVOKE AC21 AND SWITCH AFTER 180 DAYS, GIVEN THE FACT THAT YOU HAVE YOUR 140 APPROVED.

Question #2.- Is it not too early?
>> - TOO EARLY FOR WHAT? - UNLESS OTHERWISE YOU ARE PLANNING TO SWITCH BEFORE 180 DAYS, WHICH I WOULD NOT SUGGEST.


Question #3.- Do I need to get immediately an EAD and AP, or is my visa valid until expiration?
>> - THAT WOULD MAKE LIFE MORE EASIER. APPARENTLY IF YOU ARE GOING TO SWITCH YOUR COMPANY USING AC21 - YOUR OLD EMPLOYER'S VISA WILL BECOME INVALID. SO I SUGGEST YOU APPLY FOR EAD AND AP.

Question #4.- What about my family? They have an L2.
>> - THEY WILL GET EAD AND AP AS WELL

I think I am going to start worry myself.
>> - STOP DOING THAT BECOS THAT IS PART OF THE PERKS DURING THE 485 PROCESS.

Good Luck - Hope this helps!
 
Thank you...

Your response was reconforting. One more question, if you do not mind. Because of my job, I have to go abroad repeteadly, I mean, several times a month. I still have a valid B1-B2 visa as well as my L-1. May I use B1-B2 to cross the border once my L-1 is not valid anymore? AP approval is taking 3-4 months.

Thanks again.
 
I am not too sure if you can use your B1 visa to travel while you are intending to use your EAD for employment. I suggest you check with an attorney on that.

Btw,which service center did you apply for your AP? Just to see if I can tell you how long it takes there.

Thanks,
 
Re: Thank you...

Originally posted by Cachon
May I use B1-B2 to cross the border once my L-1 is not valid anymore?
Click to expand...

Of course not. A B requires non-immigrant intent. With a filed I-485, you have immigrant intent in spades. Your only options for re-entry are the L-1, an H-1 or AP.
 
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