Adjustment of Status for an L1 Visa Holder

[diaz 0]

Hi,

I'm new here and couldn't find a similar topic while searching this forum. My situation is the following:

I am a US citizen and am in the process of submitting the I-130, I-485, and I-765 forms for my wife. She is currently in the US on an L1 visa for work, and it is valid for 3 years (expires 2013). Due to the nature of her work (engineering) she is typically sent to other countries and then returns to the US. For example she was sent to Venezuela for a month and then back to the US all on the same L1 visa. Every time she leaves and returns to the US she gets a new I-94 card/number on her passport. So I have the following questions:

1. If she is required to leave the country and then return the I-94 number that we put on the I-130, I-485, and the I-765 forms will no longer be correct. Will this be a problem for her application?

2. Her current L1 visa allows her to work in the US. Does filing the I-765 allow her to continue working in the US, assuming it gets approved? Or will there be a period of time where she can't work?

Please let me know if anyone else has a similar experience and if you have answers to the questions. Thanks.

[ceadsearc 516]

1. Put the I-94 number that is up-to-date when you file.

2. I'm not positive on this one but I do not think she should have an issue continuing to work as an L-1 is a dual intent visa. But hopefully someone can verify/correct that.

[Harpa Timsah 13,258]

L-1 visa is dual intent, so she can continue to travel while her AOS is pending. This is atypical for AOS cases, (most people cannot travel or they will abandon their AOS application). Therefore, I am not sure how the I-94 issue works. You might call Border Patrol and ask them.

Once her I-765 is approved she can work on that, yes. There will be no period where she cannot work. Since she has L-1 visa, however, there is no need to apply for the I-765, as her current visa will remain valid until GC approved. The GC itself also gives work permission.

Edited December 30, 2011 by Harpa Timsah

[diaz 0]

I thought (from my readings) that an L1 visa was non-immigrant visa, so when I file the I-130 she would be changed to an immigrant visa status. Or am I mistaken?

L-1 visa is dual intent, so she can continue to travel while her AOS is pending. This is atypical for AOS cases, (most people cannot travel or they will abandon their AOS application). Therefore, I am not sure how the I-94 issue works. You might call Border Patrol and ask them.

Once her I-765 is approved she can work on that, yes. There will be no period where she cannot work. Since she has L-1 visa, however, there is no need to apply for the I-765, as her current visa will remain valid until GC approved. The GC itself also gives work permission.

[Harpa Timsah 13,258]

It is a dual-intent visa, which means that it will remain valid until her GC (permanent residency) is approved. Most other people who file to adjust status from non-immigrant visa categories enter a period of semi-limbo once their AOS is filed, and cannot travel etc. Your wife can still work and travel when you submit her applications.

See here in the second column on the first page: http://www.uscis.gov/files/form/i-131instr.pdf

This explains special travel permissions is not needed for L-1 visa holders with AOS pending. Most people do not fall under this exception.

Edited December 30, 2011 by Harpa Timsah

[diaz 0]

I see, thank you very much.

It is a dual-intent visa, which means that it will remain valid until her GC (permanent residency) is approved. Most other people who file to adjust status from non-immigrant visa categories enter a period of semi-limbo once their AOS is filed, and cannot travel etc. Your wife can still work and travel when you submit her applications.

See here in the second column on the first page: http://www.uscis.gov/files/form/i-131instr.pdf

This explains special travel permissions is not needed for L-1 visa holders with AOS pending. Most people do not fall under this exception.