Travel under L1 when I-485 pending

[Rosie74 0]

Hello all,

I have a question and I'm hoping somebody can help me out.

I am getting all the paperwork ready for filing AOS. I am married to a USC.

I am currently in status under valid L1 work visa, that will expire in April 2009. I was told that if I file for AOS now, I can still travel under my valid L1 visa, but my question is.. if I file now, my I-94 number on the I-485 will be different than when I will come back after the trip. What will happen at the interview if they see a different number on the form than the one on my passport?

Thank you for your help!

[pushbrk 12,894]

Hello all,

I have a question and I'm hoping somebody can help me out.

I am getting all the paperwork ready for filing AOS. I am married to a USC.

I am currently in status under valid L1 work visa, that will expire in April 2009. I was told that if I file for AOS now, I can still travel under my valid L1 visa, but my question is.. if I file now, my I-94 number on the I-485 will be different than when I will come back after the trip. What will happen at the interview if they see a different number on the form than the one on my passport?

Thank you for your help!

The I-94 won't be a problem if you are actually allowed to leave and return on the L1. Who told you what you were told and how much do you trust it?

[Rosie74 0]

Thank you for your response!

I have been traveling back and forth with my L1 visa for 4 years. I have unlimited entries on it so an attorney told me I could still travel under the valid L1 visa while filing for AOS, I was just wondering how it works since the I-485 would have a different I-94 number than my last entry..

I don't really plan on traveling during the AOS, but in case of emergency it would be nice to know if I can do that without any trouble.

Since I decided not to hire that attorney for the AOS process.. I was looking for help on this forum

[Ovaltine Jenkins 5]

Are you sure if you leave and come back you won´t have to re-file AOS all over again?

[Rosie74 0]

That's not what the attorney told me.. but then again.. No, I'm not sure!

I guess I'll just wait until the AOS process is over, hoping nothing happens so I don't have to leave the Country.

[Ovaltine Jenkins 5]

Well with AOS you can apply for AP (it´s included in the price) ...that will give you a permission leave and come back while your AOS is pending

[Rosie74 0]

Yes, but the attorney told me it's more of a risk to leave on AP than on my work visa.. I don't know, I'm just being so paranoid about the whole thing.

I just don't want to make any mistakes that would cause the AOS to be denied.

[Ovaltine Jenkins 5]

I have never heard anyone having problems with travelling on AP while doing AOS. I have also never heard of anyone travelling on any type of visa while doing AOS. I have heard of many attorneys that have no clue about the immigration process and just screw people´s cases up. So unless you know your attorney is really good, be careful

[Rosie74 0]

Yeah.. I heard about many attorneys like that myself

I'll just cross my fingers I won't have to go anywhere until this whole process is (hopefully) over

[alexpapa 4]

According to current I-131 instructions document:

NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

A. You are in one of the following nonimmigrant categories:

1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or

2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or

3. A K-3, spouse, or K-4, child of a U.S. citizen; or

4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

Is anyone suggesting that this is not correct?