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L1A to EB1C - Travel outside US

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  • L1A to EB1C - Travel outside US

    My employer is filing EB1C for me and my family. Applications will be submitted end of May 2017.
    I am currently on L1A VISA which is valid till Feb-2018. My family got approved I-797 dependent Petition in US.
    I am planning to travel to India on 15-Jun-17 with family and during this visit I have a plan to get their passport stamped with L2 stamp. I already have L1A stamp on my passport.
    We are filing I-140 and I-485 concurrently along with Advance Parole application, EAD application, AOS application, I140 etc.
    Because I will be travelling on 15-Jun-17 and Advance Parole takes 2-3 months for approval, so I have no choice but to get my dependent's passport stamped with L2 VISA in India so that their re-entry is not a problem.
    I am told that at the time of filing I-485, I have to be in US. So, I understand that. I have following Qs -

    1. Once my AOS and I140 is filed, I will travel to India. As I have L1 VISA in passport - will there be any problem in my re-entry.

    2. Am I taking a risk by traveling to India while applications are under review? (i.e. even though I have valid L1 VISA and my dependents are in valid L2 status but when they leave US, they need L2 VISA stamping.). I have taken VISA appointments for them in US Consulate Delhi. But, I will be returning to US much before they return, so that makes me worried.

    3. As I am travelling to India before my Advance Parole application is adjudicated, will this application be denied and no longer valid?

    4. Is there EB1C Retrogression? If so, what is the current impact?

    Thanks for your help.
    <Anything I post on this website is a personal opinion or information from personal experience. This should not be treated as a legal advice.>
    PD: 31-May-2017
    Category : EB1C
    Concurrent Filing
    Status: Pending

  • #2
    (4) There is no separate quota for EB1C. There is only a quota for EB1, and that is retrogressing (for India) beginning June 1. So if you do not file by the end of May, you will not be able to file concurrently i.e., you will not be able to file the I485. You will be able to file when it becomes current, which is expected to be when the next year's quota is released viz., October 2017.
    Just an opinion; Not legal advice.

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