Move to US on L1 or wait for green card abroad?

[Sandy98 0]

Hi,

 

I am currently based in the UK and will be moving to the US on an L1 visa. I also have a pending petition (been 9 months since NOA1) with the USICS for I-130 Spousal visa. I am married to a US citizen for the last 1 year. We had applied for I-129 finance visa prior to our marriage that was approved but we did not use the petition. Decided to stay outside of the US I intend the continue the process of green card since we have long term plans to live in the US but am a bit unsure how moving on a L1 visa will impact my plans. Specifically

 

1) Can I continue with the current I-130 application or do I need to file a new one once I move to the US. I believe I am currently under what is called "consular process" for green card. Will it then reset my timeline

2) In case I lose my job after I move to the US on L1 and can not find another employer  who is willing to sponsor a work visa. Do I need to leave US and come back to my home country and have my spouse file another petition with USCIS.

 

I am a bit worried that with this move on L1, I will be on the whims of my employer. Would you advice me to rather wait till the current consular process of getting a green card from outside the US is compete.

 

Thanks,

 

 

[Dashinka 24,526]

Your case is interesting.  As far as I know, an L1 allows dual intent which would allow you to file for LPR status, so I believe if you have the L1, and enter the US, you can file for adjustment of status based on marriage.  The interesting thing is that to get the L1, you have to demonstrate to the consulate that you do not plan to overstay if you lose your job, etc. before getting a green card.  That being said, since you can adjust through your USC spouse, that may not be an issue.  If you already have the L1, then I think you can come to the US using that visa, then you can file the I824 form once your I130 petition for the spousal visa is approved to move that from consular processing to adjustment of status (I485) processing.

 

Others may know better, but I think this is possible.  The drawback would be if your job evaporates while the I485 is processing, you would not be able to work in the US legally without employment authorization tied to the I485/I765.

 

Good Luck!

[arken 4,197]

Your i130 will not be affected by your entry on L1 visa. Once you are in the US, you can file for AOS package (i485/EAD/AP) while i130 is pending. In case your employer terminates your employment, you can stay in the US till your i485 is processed. Filing for i485 automatically keeps uscis from sending i130 to NVC for consular processing upon approval. I824 isn't required.

[Dashinka 24,526]

26 minutes ago, arken said:

Your i130 will not be affected by your entry on L1 visa. Once you are in the US, you can file for AOS package (i485/EAD/AP) while i130 is pending. In case your employer terminates your employment, you can stay in the US till your i485 is processed. Filing for i485 automatically keeps uscis from sending i130 to NVC for consular processing upon approval. I824 isn't required.

Would the I824 be required if the I130 is approved before they entered on the L1?  Just curious as this could lead to a little time juggling.

 

Edited June 16, 2022 by Dashinka

[Sandy98 0]

Thanks for responding. Interesting views. Based on the above, I suppose I should enter the US on L1 and file AOS package immediately (hopefully filing immediately doesn't raise any flags with USCIS). Only drawback is that if I lose my job I will have to wait to get I485 approved before I can legally work again without employer sponsorship. I am scheduled to travel in a month. So fingers cross that my I130 wont be approved by then and add to more complications of moving it from NVC to AOS processing.

[Dashinka 24,526]

35 minutes ago, Sandy98 said:

Thanks for responding. Interesting views. Based on the above, I suppose I should enter the US on L1 and file AOS package immediately (hopefully filing immediately doesn't raise any flags with USCIS). Only drawback is that if I lose my job I will have to wait to get I485 approved before I can legally work again without employer sponsorship. I am scheduled to travel in a month. So fingers cross that my I130 wont be approved by then and add to more complications of moving it from NVC to AOS processing.

When you file for the I485, include the I765 and I131 for the work authorization and travel/re-entry authorization in case you lose your job.

[arken 4,197]

3 hours ago, Dashinka said:

Would the I824 be required if the I130 is approved before they entered on the L1?  Just curious as this could lead to a little time juggling.

 

 

3 hours ago, Sandy98 said:

Thanks for responding. Interesting views. Based on the above, I suppose I should enter the US on L1 and file AOS package immediately (hopefully filing immediately doesn't raise any flags with USCIS). Only drawback is that if I lose my job I will have to wait to get I485 approved before I can legally work again without employer sponsorship. I am scheduled to travel in a month. So fingers cross that my I130 wont be approved by then and add to more complications of moving it from NVC to AOS processing.

Even if the i130 is approved and sent to NVC before you file for AOS no time will be lost. I824 will still not be required. Once NVC provides you a case number, let them know (email or online inquiry) that you'll be doing AOS with uscis and request them to send back your file to uscis. I130 will be sent back long before i485 is processed. 
 

 

[Coco8 1,042]

Employers don't do an L1 to let you go a few months later. L1 is expensive because they have to hire a lawyer. You also have experience in your own company. My partner had an L1 and the size of his application was like a heavy book. He didn't do anything; the lawyers mailed by FEDEX all the paperwork. 

 

You have a great opportunity. Like others said, you can do AOS while you are in the US with the L1 and your application will continue it's course.

 

L1 will make your transition much smoother. Make sure you get paid for relocation and all of that. 

 

Edited June 16, 2022 by Coco8
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