AOS with L1A and Employment authorization

[albatore 0]

Hello everybody;

quick question, I am a L1A visa holder and I am filing my AOS for a green card. I am applying for some jobs meantime, can I request the Employment authorization or I need to wait the result of the green card to be allowed to work for another company?

thanks

[KayDeeCee 4,896]

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

[albatore 0]

I forgot to mention that I am doing my AOS because I've got married to a US citizen, so I think I was within the right topic area?

[kzielu 1,153]

Sure you can request EAD - I did (adjusted from L-1B) - never used it (arrived at the day of my GC interview which happened to be 2 months after I submitted AOS) but did receive it.

[albatore 0]

whaouu you got your AOS completed in 2 months ! Impressive ...

[aussie_jason 195]

As soon as you receive the I797C for your I485 you have legal presence in the US so at that stage you could quit your job if you wanted but of course would not have any income, once you have your EAD and you certainly should apply for it as it costs nothing when associated with an I485 you can work for anyone you like, excepting some government positions that require US citizenship.

[KayDeeCee 4,896]

I forgot to mention that I am doing my AOS because I've got married to a US citizen, so I think I was within the right topic area?

It is about what visa you are adjusting from, not that you married a USC. You entered the US with an L visa, so you are adjusting status from an L visa, which is not a family based visa. The other forum is for adjusting from family based visas such as a K visa.

[albatore 0]

As soon as you receive the I797C for your I485 you have legal presence in the US so at that stage you could quit your job if you wanted but of course would not have any income, once you have your EAD and you certainly should apply for it as it costs nothing when associated with an I485 you can work for anyone you like, excepting some government positions that require US citizenship.

Thanks so I you think that I should apply for the EAD with the form I-765.

You said that this does not cost anything but I see that filing fee for Form I-765 is $380....

Also where I am a little bit puzzled is that by reading the instruction there is no information about a L1A holder able to apply for the EAD, it is only mentioned about the spouse of a L1 visa holder.

So I really do not know if I can apply for EAD along with the I-485 and I-130 package?

thanks for your help.

[aussie_jason 195]

You aren't applying for the EAD as an L1A visa holder, you are applying for an EAD through your Adjustment Of Status. It is perfectly normal and strongly advised that you file an I765 AND and I131 when you are filing for AOS, when filing for them as part of AOS there is no extra fee.

As soon as you receive the EAD you can switch to working on the basis of the EAD, removing the restrictions on the L1A and if you also filed for AP then you can also travel internationally at that time as well.

[albatore 0]

Thanks I filled the I765, however I read that as I am a L1 visa holder I don't need to file the I131.

If you travel outside of the United States while your green card application is pending before receiving advance parole, you will be deemed to have abandoned your green card application and it will be denied, unless you are in H-1B Visa or L-1 Visa status. Advance parole generally takes up to 90 days to receive.

Can someone confirm that?

thanks !

[albatore 0]

Please can someone confirm as I want to send the package tomorrow

[FelixTX 2]

Please can someone confirm as I want to send the package tomorrow

http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

[albatore 0]

http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

OK clearly it is stated that there is not need to file this form with mt L1 visa :-)