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AOS from L1 that is under adjudication

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Filed: Citizen (apr) Country: Scotland
Timeline

Posting for a friend. 
 

His L1 renewal is currently under renewal adjudication, however his visa has actually expired and he is at home on unpaid leave of absence until the the USCIS make a decision one way or another (long story re: why it’s got to this stage). 

 

I’m curious if he can apply for AOS a) while his L1 renewal is under adjudication and a decision hasn’t been made on the renewal or b) if the decision is made not in his favor, and he hasn’t applied for AOS, is the AOS option out of scope because he is no longer has a status to adjust from?

H1B: Feb 2001 (London)

L1A:  Jan 2014 (London)

AOS: May 24th 2016 - June 20th 2017

N400: March 23rd 2020 - June 29th 2021

Passport: July 1st 2021 - August 30th 2021

Social Security: July 1st 2021 - October 5th 2021

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  • 1 month later...

Depends on the AOS category.

 

If they are an immediate relative of a US citizen, they can apply. The fact that their L-1 status has expired is not relevant.

 

If it's an employment-based application (i.e. I-140) then they can apply for adjustment if their status expired less than 180 days ago. This is the "245(k) exemption". Their spouse and children under 21, if applying together, also qualify for the exemption.

 

In other situations (e.g., family preference, diversity lottery, or employment-based where their status expired MORE than 180 days ago) they have to wait for the extension to be approved first before they will have valid status to adjust from. Actually, they can file the I-485 now (and give biometrics etc), but they should be aware that a final adjudication of the I-485 will not be done until the L-1 extension has been adjudicated, and if the L-1 extension is denied, the I-485 will also get denied. Alternatively, they can leave the US and do consular processing (not recommended right now, because consulates are using COVID-19 as an excuse to process visa applications more slowly than usual).

Edited by wagecuck3
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