L1B considering AOS with L1B status needing renewal

[L1MarriageAOS 0]

Hello all,

My USC wife and I were recently married. I am an L1-B from the UK and have been in the US exactly two years. Due to a delay in coming over to the US on my L1-B EAD, my EAD (and my L1-B status, which always expires with the EAD) is due to expire in March 2009.

We were planning to file for AOS towards permanent residence anyway, but having seen how long it may take to go through the process, I'm concerned that it might be best for me to apply first for my L1-B status to be renewed for the remaining two years of the maximum five.

Equally the worry with that is that, particularly in the current economic climate, if I am laid off from my L1-B job, I would presumably be obliged to leave the US immediately, which of course would be more than a little inconvenient for me and my wife. So, adjusting to conditional permanent resident status as soon as possible seems like a good idea.

So my questions are:

1. If I file an AOS application, am I permitted leave to remain in the US until the interview, even if I lose L1-B status either because my status expires, or I lose my job?

2. Would a concurrent application for L1-B extension AND an AOS to conditional permanent resident status be illegal/shady/frowned upon? Would it even make sense? Really, I would prefer to choose one over the other and AOS to conditional permanent resident status would be my preferred option.

Finally, I have a third question about my status as L1-B and marriage. I know that L1-B is dual intent and I understand that to mean that I could even have applied for a green card without marriage, and it would be legit. I was fortunate enough to be offered a transfer to the US from my employer as an L1-B to fill a position here, but I had known my wife for several years before the transfer and she and I had visited each other in the US and the UK during that time.

We were not, during that time, engaged to be married, and I did not enter into L1-B status with the intention of marrying her, but instead because it gave us a chance to see if the relationship would work out in reality. Thankfully it has and we are very happy to be married, but we are just slightly concerned that our pre-existing relationship may cause issues in an AOS application. I could not and would not have entered on a K-1 because we were not engaged to be married. Our marriage is the natural outcome of our being able to spend more time together and common sense tells me it should be perceived as reasonable, but I'd be interested if anyone had any experience to the contrary. Thanks.

[payxibka 10,045]

1) Yes

2) IDK

[alexpapa 4]

Hello all,

My USC wife and I were recently married. I am an L1-B from the UK and have been in the US exactly two years. Due to a delay in coming over to the US on my L1-B EAD, my EAD (and my L1-B status, which always expires with the EAD) is due to expire in March 2009.

We were planning to file for AOS towards permanent residence anyway, but having seen how long it may take to go through the process, I'm concerned that it might be best for me to apply first for my L1-B status to be renewed for the remaining two years of the maximum five.

Equally the worry with that is that, particularly in the current economic climate, if I am laid off from my L1-B job, I would presumably be obliged to leave the US immediately, which of course would be more than a little inconvenient for me and my wife. So, adjusting to conditional permanent resident status as soon as possible seems like a good idea.

So my questions are:

1. If I file an AOS application, am I permitted leave to remain in the US until the interview, even if I lose L1-B status either because my status expires, or I lose my job?

2. Would a concurrent application for L1-B extension AND an AOS to conditional permanent resident status be illegal/shady/frowned upon? Would it even make sense? Really, I would prefer to choose one over the other and AOS to conditional permanent resident status would be my preferred option.

Finally, I have a third question about my status as L1-B and marriage. I know that L1-B is dual intent and I understand that to mean that I could even have applied for a green card without marriage, and it would be legit. I was fortunate enough to be offered a transfer to the US from my employer as an L1-B to fill a position here, but I had known my wife for several years before the transfer and she and I had visited each other in the US and the UK during that time.

We were not, during that time, engaged to be married, and I did not enter into L1-B status with the intention of marrying her, but instead because it gave us a chance to see if the relationship would work out in reality. Thankfully it has and we are very happy to be married, but we are just slightly concerned that our pre-existing relationship may cause issues in an AOS application. I could not and would not have entered on a K-1 because we were not engaged to be married. Our marriage is the natural outcome of our being able to spend more time together and common sense tells me it should be perceived as reasonable, but I'd be interested if anyone had any experience to the contrary. Thanks.

It would make sense to just go AOS route, you can apply for EAD etc..

But why do you have an EAD now?

[L1MarriageAOS 0]

It would make sense to just go AOS route, you can apply for EAD etc..

But why do you have an EAD now?

Hello,

Thanks for your response (and thanks to payxibka too).

To answer your question, I think I was using the term "EAD" incorrectly.

I have a work authorisation that permits me to work for my current employer as an L1-B. Since it is a form of employment authorisation I thought the term EAD was correct, but having done a bit more reading I think now that EAD only means a document that gives unrestricted rights to work for any employer.

So, if that's right, then I don't have an EAD now, just an L1-B work authorisation.

[alexpapa 4]

It would make sense to just go AOS route, you can apply for EAD etc..

But why do you have an EAD now?

Hello,

Thanks for your response (and thanks to payxibka too).

To answer your question, I think I was using the term "EAD" incorrectly.

I have a work authorisation that permits me to work for my current employer as an L1-B. Since it is a form of employment authorisation I thought the term EAD was correct, but having done a bit more reading I think now that EAD only means a document that gives unrestricted rights to work for any employer.

So, if that's right, then I don't have an EAD now, just an L1-B work authorisation.

Just asking, because I have been working on an L1B for 2 years