What status after filing I130 / 485?

[PriyaB]

Hi,

I hope someone can answer this question for me - thanks!

I am working in Boston, MA on an L-1 visa. My husband is in CA (USC). We filed the I130, 485, 765 package in Feb. We are currently planning that I move to CA after the EAD is approved.

The issues are:
- don't change the address atleast until the EAD is received (don't want delays),
- get EAD, move and then change address - may cause delays for the interview but this is less of a consideration at this time.

But does anyone know if the L-1 status MUST be maintained until the EAD is received? Or would I be 'out of status' if I lost / quit my job meanwhile?

Thanks for your input!
Priya

 

[a_usc]

You wouldn't be out of status even if you lost or quit your current job, because then your status will become 'Pending AOS'. Even if you were to be out of status for a while, it wouldn't be a problem as overstay/out of status is pardoned for the spouse of a USC. All you need to care about is once you quit your current job and lose the L1 status, you should not leave the country without getting an AP.

Hope this helps. USC

 

[PriyaB]

thanks!

Hi a_usc,

Thanks for your quick response!

I am a bit more reassured now. Just wanted to know where I stand since I've let my employer know that I am going through this process now. But want to wait for the EAD before taking the next step.

Thanks for taking the time to reply.

Priya

 

[ari4u]

Hi,

I hope someone can answer this question for me - thanks!

I am working in Boston, MA on an L-1 visa. My husband is in CA (USC). We filed the I130, 485, 765 package in Feb. We are currently planning that I move to CA after the EAD is approved.

The issues are:
- don't change the address atleast until the EAD is received (don't want delays),
- get EAD, move and then change address - may cause delays for the interview but this is less of a consideration at this time.

But does anyone know if the L-1 status MUST be maintained until the EAD is received? Or would I be 'out of status' if I lost / quit my job meanwhile?

Thanks for your input!
Priya

H/L visa allows dual intent, i.e you can continue to be on a non-immigrant visa while simultaneously having an immigration intent. Having said that, you can continue to work using L1 till your GC is approved or quit your L1 job and use your EAD. You can have an approved EAD and still work on L1 but you have to remember that usage of your EAD for employment would cancel your L1 and you would no longer be able to use your L1.

As for your status, if you continue to be on L1 till you get your GC, your status would remain L1. If you switch to using your EAD, your status would change to "Pending AOS" as you no longer have your L1.

 

[PriyaB]

H/L visa allows dual intent, i.e you can continue to be on a non-immigrant visa while simultaneously having an immigration intent. Having said that, you can continue to work using L1 till your GC is approved or quit your L1 job and use your EAD. You can have an approved EAD and still work on L1 but you have to remember that usage of your EAD for employment would cancel your L1 and you would no longer be able to use your L1.

As for your status, if you continue to be on L1 till you get your GC, your status would remain L1. If you switch to using your EAD, your status would change to "Pending AOS" as you no longer have your L1.

Hi ari,

Thanks for your reply!

I understand that if i use the EAD for work, the L1 stands invalid. In our case, I will have to look at this scenario and hope the outcome of the AoS interview is positive.

Its a tradeoff I think - between keeping the L1 and waiting for the interview -or taking the EAD and starting out together. In the former case, additionally, we would hardly have any kind of 'joint' documentation if we are living in two different places (CA and MA).

So, from your post I continue to be on L-1 until I get the EAD (and) use it. But I guess I should be ok if I were to lose my L-1 status meanwhile (from a_usc's post)? (I hope the situation doesn't arise!)

BTW, thanks for all the posts you make - I have used them extensively since we started out on this process!

Cheers,
- Priya

 

[a_usc]

It's a tradeoff but not a bad one I think. Once you have your EAD you can move in with your husband in CA and find work there too. This would make a good case for your AOS interview - living together. Not saying that ev couple that lives (rather, is forced to live) separately ends up having a declined AOS application. If you have a valid reason for not being able to live together its not that big of a problem, but then, why take risks.

Also, I think you guys should start looking into reviewing and building your list of possible joint-evidence, joint accounts, driver licenses with same address, both your names on the insurance, both your names on utilities, etc.

Good Luck.