L1 to GC as a spouse

Jul 5, 2019 12 Comments

I'm currently here on an L1 visa, but I'm married to a US citizen.

I'm considering quitting, but I'm wondering if I need to give myself a lot of lead time or not.

If I were to file for adjustment, how long would it take before I can get another job? Is it pretty important that i stick to my current job until I get processed?

(First Blind post, so sorry in advance if I'm doing it wrong)

TC 200k

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TOP 12 Comments
  • IBM
    xlajduf

    Go to company page IBM

    xlajduf
    U didnt post ur TC
    Jul 5, 2019 1
  • You can file concurrently for adjustment of status and an EAD. The EAD usually takes about 3 months to arrive. You will need the EAD in hand on the first day of your new job to satisfy I-9 requirements.
    Jul 5, 2019 3
    • You keep your L-1 status. However, I believe as soon as you do anything that's not allowed on L-1 status, such as being unemployed for over 60 days or working for a new employer or being self-employed, you lose L-1 status. Then, you are "out of status with pending I-485", which is fine if the I-485 gets approved but causes complications if it is denied.
      Jul 5, 2019
    • Amazon
      opWH45

      Go to company page Amazon

      opWH45
      3 months was the very old standard. Check processing time in USCIS - it is between 6.5 and 8.5 months.
      Jul 5, 2019
  • Oracle
    GG_Warrior

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    GG_Warrior
    It actually depends on processing time. You won’t be on L1 while your adjustment of status is under processing and then you have to wait until you get your documents/ead/2year temp green card(if you marriage is not 2 years older) based on your marital status as you wait for your green card.
    I am not 100% sure but AFAIK, thats what a paralegal friend told me when i discussed similar situation with him.
    Jul 5, 2019 2
    • OP
      Thanks for the reply!

      Been married over 6 years, but lived abroad. Does that change something?

      "Won't be on L1 while processing " does that mean I'm not legally allowed to work between the time I apply and the time i get approved?
      Jul 5, 2019
    • Oracle
      GG_Warrior

      Go to company page Oracle

      GG_Warrior
      I don’t think that matters then. From the material i studied it said to be married two years or more and directly get a permanent green card which won’t need to be renewed after 2 years.
      Thats what my paralegal friend explained that once you file for change of status from h1 or L1 to green card maybe then (or could be that time time period after change of status is approved and the time in which you get your EAD card) you wont be able to work, the company has to put you on leave of absence. 2 years back you had to wait for 1 month to get EAD but probably the wait time will be much higher now. Although no one will know so you can potentially violate visa and keep working but thats a risk you need to assess.
      I would recommend to make a list of all scenarios, questions and fix an appointment with an attorney. Might cost you 200-500 depending but you will know everything there is needed to know
      Jul 5, 2019
  • Two simple answers to your question -

    1. Your L1 is valid until your AOS is approved or you quit your company, whichever will be earlier.

    2. Once you have the AP/EAD document in hand, you are free to quit your company and do whatever you wish. Without the AP/EAD in hand, you cannot work anywhere else.

    As someone stated earlier, once you quit your current position before AOS is completed, you will be still in status to live in US but it will be troublesome if the AOS gets denied. Your case seems on solid ground of 6 years of marriage, so you can decide what you want.

    One more thing, if you quit before you get the AP document, don't travel internationally. You won't be able to enter the country as L1 is no longer valid.
    Jul 6, 2019 0
  • Amazon
    opWH45

    Go to company page Amazon

    opWH45
    L1 is a type of visa only. Did they already started the aos application ? If not you are fine. If I were you, besides checking with a lawyer of course, I would file for aos and i130. Your ead will take 7 months (pretty backlogged) and then you will be able to work wherever you want.
    Jul 5, 2019 0