Hi Friends,
I am trying to clarify a few points so that I can plan accordnigly. I am attaching some reply from other threads. Please help ...
Originally Posted by almost_there_GC
I am on L1A Manager Executive and 140/485 has been applied on March 4. My spouse, on L2 has her EAD (thru L2) and currently working.
I got my EAD and AP thru GC and am still working on L1 visa. My L1 petition is valid until july 2006.
I have the following concerns -
1. Our visas are expired. We are planning to visit India on June 4 and coming back on July 17. We are planning to stamp the visa in US Embassy in India. Is it doable at this stage.
****YES
What happens if I140/I485 gets approved/rejected? I have a valid AP, does it matter if I go for stamping the visa? (as my family doesn't have AP).
***if approved, u both will need AP to enter the US, if rejected, u can still enter on ur L1
2. Is it OK to apply for my spouse's EAD thru GC. Or should I wait until I get back from India. As per my understanding if she gets her EAD thru our GC, and uses that, she would loose her L2 status, and there will be a problem in returning back from India. We had not applied for her AP initially and if I apply now, I dont know if it would arrive on time.
*** you can apply for EAD now, as it may take min 2-3 months for approval
even if she used EAD, she can still revert to L2 as long as you hold a valid L1.
3. I am planning to change job in case my 140 gets approved and 485 is pending > 180 days. In that case my wife definitely needs EAD thru our GC as we would loose our L status. When should I apply my spouse EAD thru GC (now or after returning from India).
*** as said earlier, you can apply before u leave for India. However, if you apply for AP, the beneficiary has to be present in US both during application and at the time of AP approval
4. What if 140/485 approves before Sep 05. How long I have to wait before I can change job. Is the 6-months period still a thumb rule? What are the consequences if I change job befor 6 months after getting my 485 approved.
*** you should consider lucky it that happens. if takes > 6 months, then u are a free bird if 140 approved, 485 pending 180+ days and new job is similar
Thanks Bhayank (nice name !)
I need some more clarification -
1. If we apply for my wife's EAD now, she would have 2 valid EADs. One thru L2 and other thru GC. Which one she can use? What are the pros cons of using either EAD?
2. If we apply for my family's (wife and son) AP, I very much doubt that we will receive it before June 24 (the day we are planning to visit India). Their going to india is very much fixed and we can not change the dates.
And if we do not apply for my family's AP now, and 485 gets approved while we are in India, is there a way they get the AP from India. What are the other ways to enter US?
3. Also, if 140 gets approved and 485 does not, can I use AC21 on L1A?
Thanks for your reply.