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mrbtx

Can I travel with an active L-1A whilst my marriage based AOS is pending?

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Hi everybody, I am currently in the US on a L-1A visa and am about to submit a marriage based GC application (130, 130A, 693, 864, 485, 131, 765)

 

From what I understand I should submit the 131 for advanced parole, but does this mean if I leave the country (no plans exactly right now), before my AOS or GC is approved, my entire application can be cancelled?

 

I guess my question in short is, do I need to stay put in the US until I either receive a 131 approval or my GC?

 

Thanks! 

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4 minutes ago, mrbtx said:

I guess my question in short is, do I need to stay put in the US until I either receive a 131 approval or my GC?

 

Yes.

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  • 2 months later...
On 3/16/2021 at 3:49 PM, mrbtx said:

Hi everybody, I am currently in the US on a L-1A visa and am about to submit a marriage based GC application (130, 130A, 693, 864, 485, 131, 765)

 

From what I understand I should submit the 131 for advanced parole, but does this mean if I leave the country (no plans exactly right now), before my AOS or GC is approved, my entire application can be cancelled?

 

I guess my question in short is, do I need to stay put in the US until I either receive a 131 approval or my GC?

 

Thanks! 

If you have a valid L-1A visa, you can leave the US and return to the US on the L-1A visa without jeopardizing your AOS. This is explained in the section "If You Leave the United States While Your Application Is Pending" in the I-485 form instructions. At the time when you return to the US, the visa stamp must still be unexpired. If your visa stamp has already expired or will expire before your anticipated return to the US, then you will need to renew the visa abroad before returning to the US. Because of COVID, this may be difficult. So in that situation, it is best to avoid travel until you have advance parole.

 

In fact, having been in your situation recently (but on H-1B status rather than L-1A status) I simply decided not to travel at all even after I had advance parole. You never know if the US is going to hit your country with a COVID travel ban while you're out, and then you'll be in a difficult situation. I would postpone travel unless it's extremely urgent.

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