Getting transferred out of country

[LHRtoSFO 0]

So, we're in a bit of a weird situation, and I can't find any similar cases online.

We have filed a concurrent I-130/I-485/EAD application based on marriage which is now in the interview phase - with our interview scheduled for May.

I have been traveling back and forth for my job in Europe, and have been able to re-enter the country using my L visa.

As of this week, my company has transferred me to Europe, but I don't start on payroll there until May. Until then, I remain on payroll in the US so technically I'm still employed by my L-1 employer.

I'm also awaiting a job offer here in the US, at which point I would very much love to move back to the US, attend my green card interview, and receive my EAD. My L visa is valid for another year from now.

The questions are thus:

Does my company notify the USCIS that I've been transferred out of the country?

If so, does that mean that my L visa expires or is no longer valid, or does it remain valid because I'm still working for my L-1 employer?

If my company doesn't report my transfer, is there any reason that I would not be able to enter the US under the L-1 visa?

[Ryan H 3,834]

Moved from AOS from Family Based Visas to AOS from Work, Student, & Tourist Visas forum.

[hmh33 117]

Did you file I-131 to apply for advance parole along with your package? If not, do so now, including a copy of the I-485 receipt notice (also known as NOA1). There's no filing fee, it's pretty straightforward and it can only give you more options (though it is pretty late in the game and might not do much good at this point).

I'm not totally sure at what point you are risking trouble by continuing to travel on the L-1. Certainly by the time your payroll is transferred to Europe that would be risky, but it may be earlier than that. The safest thing for you to do, immigration-wise, is to sit tight in the US, quitting your job if necessary, and wait for that alternative job offer. Of course that may not be so safe from an employment point of view - how certain are you that this job offer will come through?

[Hypnos 6,578]

As a V visa holder it's unlikely he filed for AP since he is able to leave and re-enter on his visa without abandoning his AoS application.

Even if he applies for AP now there is essentially zero chance of receiving it before his AoS interview in May.

I'm not sure about the questions asked in the OP, but I personally would enter the US (if you aren't here already) and stay here until your AoS interview.

You may want to try asking at http://www.avvo.com since it's a technical question that is unlikely to be able to be answered here.

Edited April 17, 2013 by Hypnos