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Dependent status adjustment while i140/i485 in progress

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  • Dependent status adjustment while i140/i485 in progress

    Hi all,

    My PERM got certified and my employer is about to file my i-140 + i-485 + i-131(AP) + i-765(EAD).
    My dependent spouse wants to stop working and adjust her status from L1 to L2.

    Will she be able to do it after above forms are filed and pending without affecting our GC process/timelines? i am main GC applicant.
    Or she better do it before or after at some point in the process?

    Need your help/advise please.
    Thank you!

    Last edited by Flake39; 05-24-2019, 07:35 PM.

  • #2
    It doesn't matter if she does it before or after. L2 is not subject to immigrant intent.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Hi Flake39 I want to know more about L1 and L2.

      I guess you and your spouse both are L1 and you will be filing for AOS soon.
      Your spouse want to change from L1 to L2 to maintain status without the need to work.
      Can you file I-485 for your spouse at the same time as yours? Will your spouse can stop working if AOS is pending without the need to change to L2?
      Just trying to learn something new, thank you and good luck.
      Nov 2018 - Package sent - EB - Texas Service Center
      Day 1 - Package received at lockbox
      Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
      Day 104/105 - EAD - New card is being produced (principal/spouse & child)
      Day 195 - Letter for missing I-693

      Comment


      • #4
        Originally posted by newacct View Post
        It doesn't matter if she does it before or after. L2 is not subject to immigrant intent.
        Thanks newacct !

        i am just afraid if we file our i-485 + i-131(AP) + i-765(EAD) when she is on L1 and while our forms are pending she will start switching to L2 - that can make us re-file these forms (because L1 is mentioned there).
        Or i am not right and there will not be any problems and these are just 2 parallel processes?

        Comment


        • #5
          Originally posted by Enub4 View Post
          Hi Flake39 I want to know more about L1 and L2.

          I guess you and your spouse both are L1 and you will be filing for AOS soon.
          Your spouse want to change from L1 to L2 to maintain status without the need to work.
          Can you file I-485 for your spouse at the same time as yours? Will your spouse can stop working if AOS is pending without the need to change to L2?
          Just trying to learn something new, thank you and good luck.
          Thank you for the comment.
          Yes i will file i-485 for my spouse at the same time as i file my i-140/i-485. Although i am not sure that she can stop working when i-485 is pending - if she can, it would be perfect.

          Can someone confirm this please?

          Comment


          • #6
            I think they are 2 parallel processes, so you don't have to worry to mention L1 and then your spouse change to L2.

            Because I don't know how L1 works, I will not confirm that there is no problem. I hope newacct confirm that. But my logic say is not a problem, for example our case, I have a working visa and my spouse and child can't work under that visa, we filed I-485 and already received EAD, if/when they decide to work, they can do it, so if you file I-485 and include your spouse, if stop working then will no longer be on L1 and will be on pending AOS, so no international travel until EAD/AP arrive (I hope I'm right). Good luck.
            Nov 2018 - Package sent - EB - Texas Service Center
            Day 1 - Package received at lockbox
            Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
            Day 104/105 - EAD - New card is being produced (principal/spouse & child)
            Day 195 - Letter for missing I-693

            Comment

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