When to file for AOS?

[Owen_London 65]

OK, I'd like a bit of advice here. I'm in the US on an L1B visa (intra-company transfer), and so have work authorisation for my present company only. I got married two months after arriving in the US. I'm trying to work out if I should adjust status now, so that I can look for work elsewhere if I want or have to leave my job, or if I should wait until I have been married for two years, so that my residency is non-conditional as soon as I apply.

If I left it until the two years was up, I would have just over 8 months for AOS.

So, Question 1. Is this enough?

2. Does conditional residency depend on application date or approval date? That is, can I start the process early, aiming to receive approval after two years are up and so have unconditional permanent residency?

If so, what are the advantages and disadvantages of waiting? These are what I can think of:

Advantages: drop the I-751 Removal of Conditions step, including $590 payment, the hassle of the application and the requirement to do so within a set 90-day timeframe

Disadvantages: cannot work elsewhere until EAD received

Did I miss anything?

For extra info, these are the relevant dates:

8 Oct 2012 - arrived in US

30 Nov 2012 - married

8 Oct 2013 - the earliest I can choose to leave my current job and not have to repay relocation expenses

5 Aug 2015 - I94 expiry (taken from I-797)

Thanks.

[Harpa Timsah 13,258]

Well, it is your choice. The card is based on approval date, so if you want to get approved after Nov 30, 2014, you can do it. AOS only takes 3-6 months to be approved, so I would apply 2 months before that to be safe, in case your case goes really fast. Keep in mind that your naturalization clock, if you are ultimately going for that, will not start until you are a LPR. So if you wait 2 years you will wait another 3 years for citizenship, on top of that. ROC is not very difficult, though it is more money.

Edited January 23, 2013 by Harpa Timsah

[hmh33 117]

Also consider the possibility that you're laid off, or get an opportunity to take a fantastic new job. In either case you'd be S.O.L. if you're still on the L-1.

[Owen_London 65]

OK, thank you to you both. I have yet to decide between the two options, but I just wanted to check that I'm not missing something fundamental. It sounds like I'm not, but given that Texas is an employment at will state, being laid off is never completely impossible.

[JoannaV 174]

Although the I-751 does cost money and take a little time, it is easy enough. If you were laid off and had to apply for AOS whilst not working, or if you had to turn down a higher paying job, you would miss out on more money than $590 or however much it costs. I don't know what your decision should be, but wanted to put it in perspective :-)