Lost job;L1A invalid;I-485 pending

[bounceback]

Friends,

A month ago I took once of the most foolish decision of my life.I travelled without an advance parole while my -I485 was pending.Wrost was upon reaching India my employer sacked me despite approving my vacation.Thus my L1A has become invalid and I can't re-enter the US.

I have an EAD, no advance parole, no other visa.I-485 priority date has reached.

Can somebody tell me if I can enter US using B1/B2 and immediately after that use my EAD to work on another job, will my I-485 go invalid ? Can I , once shifted to EAD , take the I-485 approval notice to the INS office and get Alien No stamped ? Am told that INS asks for the passport.Do they check the -I94 to find out if the person is in a working visa status.

If my wife switches to EAD what will happen when I go to apply for an SSN on her B1/B2 ?? Do they check ?

would appreciate any advice that you all have to give.

thanks

[curiousone]

If you traveled , reagrdless of the reason, without advance parole, while you have a I-485 pending, then you no longer have a I-485 pending and it will be denied due to abandonment. That is the exact purpose of the AP........to allow for travel without abandoning the I-485.

Will you get a B Visa? Unlikely........you have already expressed an intent to remain in the US. You would also face a problem at the POE.

If you no longer have LI staus, your wife no longer has L status. Does she have a I-485 pending?

Should you get the B Visa AND get to enter again, CAN you work with the unexpired EAD ? yes you probably CAN (most employers dont go beyond)....SHOULD you work with the unexpired EAD? ... I'm not sure.....its illegal because you're not allowed to work on your B visa and you technically no longer have an I-485 pending but if by some chnace you managed not to have the exit from the US mess up the I-485........
You need an experienced attorney.

[bounceback]

dear curiousone..thanks for your response.

I had a word with my attorney before leaving the US and he seemed confident that all I need to hold good is my L1A.

Do you mean that they will check the date of entry into the port when I take the I-485 approval to them.

I do agree with your view that its difficult for me to get a B1.Although my wife has a B2 for 10 yrs.

Assuming that she enters the US on B2 now will she face difficulties at the port of entry after being on L2 for almost two years ? And assuming that she manages to enter somehow, and switches to an Unexpired EAD will she face any issue to get her SSN (I am not sure if the SSN office will check what visa she travelled on when she carries her EAD to the SSN office)

thanks

[curiousone]

dear curiousone..thanks for your response.

I had a word with my attorney before leaving the US and he seemed confident that all I need to hold good is my L1A.

Do you mean that they will check the date of entry into the port when I take the I-485 approval to them.

I do agree with your view that its difficult for me to get a B1.Although my wife has a B2 for 10 yrs.

Assuming that she enters the US on B2 now will she face difficulties at the port of entry after being on L2 for almost two years ? And assuming that she manages to enter somehow, and switches to an Unexpired EAD will she face any issue to get her SSN (I am not sure if the SSN office will check what visa she travelled on when she carries her EAD to the SSN office)

thanks

mmm....you're rpobably right..........travel outside does not nullify the L Visa but rather the I-485........but if you no lobger work for that employer what is the basis of your L-I? it is an employer specific Visa.

Also, dont you have to go the Consualte to get the actual L-Visa stamped in your apssport or do you already actually ahv ethat visa?....dont confuse the approved peition with the consular visa which you require once you're outside and wish to renenter, even in the same category.

Since you have an attorney, contact him for advise but from what I know about L-Visa, unless you hav ethat Visa stamped in your passport you cannot enter because you would need to take all your supporting docs and apply at the Consulat efor the visa even though you hav e been in that category legally for 2 yrs and since you're no longer employed to that comapny you ahve no basis for the Visa.

Somone correct me if I'm wrong please

[bounceback]

My last resort is to request my employer for a notice period.If within that period, I go to the consulate and get L1A stamped on my passport and travel to the US and switch to another job using unexpired EAD;

Will my I-485 (pending approval on the same L1A) get nullified ? Will the EAD itself go invalid when the L1A does ? What should my sequencing be.

My attorney was my employer's attorney.I am in the process of finding someone else.

thanks

[curiousone]

The docs required at the consulate are the same docs required initially for the LI petition so at the minimum, you would need a letter from your employer that youre still employed to that company and of course your I-129 approval notice or if the comapny has an appoved blanket petition, its Certificate of Eligibility and Notice of Action I-797 indicating the blanket approval..


Your I-485 is in trouble only because you travelled without AP and so have now abandoned that application.

Your biggest hurdle now is getting the LI stamped in your passport to allow you to return. Why not call the Embassy there and find out exactly what documentation you need to hav e for th eintervview but not working for that employer is something which I'm not sure you'll be able to overcome. After you enter the US then you can try to fix the other problems you may or may not have. good luck.

[bounceback]

Curiousone,

You seem to have real good knowledge of all this.I do want to thank you for all the efforts you took in my case so far.

Here are two options which I have been researching upon;

1) If my NIV is gone and I can't do my L1A at my own, then can a friend of mine apply for an Advance Parole now ? I left US in May,06.So if this friend of mine fills in this form (or I fill it up here in India and courier it to him who in turn can further it to the INS) and puts a date of departure as "May,06" keeping length of stay as 6 months(approx).

Now assuming that he is able to intercept this AP in my mail box (US residence) and FedEx it to me in India.

Will I have problems in entering ? Is this advisable ?

2) Second option that I was working upon is to :Wait until my I-485 AOS get approved.Before that I ll manage to switch my employer in a mode that its a US company with Indian deputation (Shall file an AC21 and AR-11).So I ll show that I came to India to work for the India-based US company on unexpired EAD.Once the AOS approval notice comes in I apply I-824 which switches AOS to Consular Processing.Then appear for an interview in the US consulate in India.
Question is what status my wife comes in.L2 is out.She has a valid EAD and I-485 pending (if not rendered invalid by my travel)

Also can you suggest me some good attorney plz.Wish I could just pick up the phone and talk to you on all this.

thanks so much

[curiousone]

Curiousone,

You seem to have real good knowledge of all this.I do want to thank you for all the efforts you took in my case so far.

Here are two options which I have been researching upon;

1) If my NIV is gone and I can't do my L1A at my own, then can a friend of mine apply for an Advance Parole now ? I left US in May,06.So if this friend of mine fills in this form (or I fill it up here in India and courier it to him who in turn can further it to the INS) and puts a date of departure as "May,06" keeping length of stay as 6 months(approx).

Now assuming that he is able to intercept this AP in my mail box (US residence) and FedEx it to me in India.

Will I have problems in entering ? Is this advisable ?

2) Second option that I was working upon is to :Wait until my I-485 AOS get approved.Before that I ll manage to switch my employer in a mode that its a US company with Indian deputation (Shall file an AC21 and AR-11).So I ll show that I came to India to work for the India-based US company on unexpired EAD.Once the AOS approval notice comes in I apply I-824 which switches AOS to Consular Processing.Then appear for an interview in the US consulate in India.
Question is what status my wife comes in.L2 is out.She has a valid EAD and I-485 pending (if not rendered invalid by my travel)

Also can you suggest me some good attorney plz.Wish I could just pick up the phone and talk to you on all this.

thanks so much

I'm not sure I understand your questions but here goes:

Your inability to reenter the US right now i is because you do not have a Visa/AP to enter.

APs are to be obtained PRIOR to travel (hence the name I guess "Advance)....what you're proposing, can it be done? I dont know. Granted many stranger things have happened with USCIS but the last thing you want to do is have even the hint of fraud right now........I cant advise you on that. In fact, I can , dont do it.........the AP, regardless of what date you put on it as date of travel, will have an approval/effective date that will be months after your departure. When you re-enter, how would you explain that discrepancy. Granted, some Immigration Officers are so clueless, its painful but what if you meet a sharper one?
All AP holders are sent to secondary inspection and since the AP doc has your A# they put it in the system and your entire history pops up.

If you decide to apply fo r the LI insatead ......now that you'r employer has fired you, are you aware of what is their reporting mechanicsm? I'm not sure if you realize, but when you go the Consulate, you would be MISrepresenting that this employer is transferring you to the US company and that you still work for the employer. That is no longer true and if you're caught, youre dead meat. That is a very serious matter that you might wish to reconsider.

I think before you make any application to the embassy, you should speak with an attorney. Is your wife still in the US? If she is let her contact an expereinced business immigration attorney in your area. Since she has a B visa she can reenter and do that but do not try to get that L Visa or AP right now using the route you're planning

You definitely need an attorney to see whethe rthe I-485 can be salvaged. To use L1 ELIBILITY to qualify for a green card, you need not actually have a L Visa, just that you're eligible to get one. Within the context of your case, I'm not sure how to sort it out. Does your wife hav ea I-485 pending?

Now is definitely the time to contact an attorney however.

I have a question though............if you have no AP and/or no docs to get the L Visa at the consulate, or no NIV...how did you expect to get abck in the US?

[bounceback]

Man ..you are nothing less than an attorney yourself !

Am sure you agree that even if I were to have a slightest hint of employer taking such a drastic step then I would not have taken a step out without an AP.However, it has happened now.

So the way I read thingz now :

Option 1: Apply AP now and take the risk at the port.Any idea what this risk can be ? Deportation/losing future immi benefits are acceptable.Getting booked wont be.

Option 2: Any views on switching AOS to Consular processing thro I-824 ? Can that be done.My wife is here in India with me.What happens to her status when I switch an employment on EAD ??

I have asked my friend to find an attorney.Shall keep you posted.

thanks..

[curiousone]

Man ..you are nothing less than an attorney yourself !

Am sure you agree that even if I were to have a slightest hint of employer taking such a drastic step then I would not have taken a step out without an AP.However, it has happened now.

So the way I read thingz now :

Option 1: Apply AP now and take the risk at the port.Any idea what this risk can be ? Deportation/losing future immi benefits are acceptable.Getting booked wont be.

Option 2: Any views on switching AOS to Consular processing thro I-824 ? Can that be done.My wife is here in India with me.What happens to her status when I switch an employment on EAD ??

I have asked my friend to find an attorney.Shall keep you posted.

thanks..

Firstly, I think I'm pretty correct with what Ive said so far but please do not make any deciisons based on my suggestions....speak with a good attorney first.

What ever happens to you the principal happens to her with reagrd to the L. She is in abetter position than you becauase she has a B visa which is independent of the L and you.

I'm gald u now realize that the only way you could get an L stamped in your passport is tru misrepresenattion which is a no no.

If you com eto the POE with an AP obtained way after your departure date.....and its discovered....lets see.......you would no longer be an AOS applicant becasue u abandoned the application AND of course you do not have anothe rproper Visa to reenter, then I think you would be inadmissible.
If I'm wrong, someon e please correct.

Consular processing has one huge disadvantage......face to face interview. When you do not have all your ducks in a row, that might not be a good thing but i guess your options are limited. But as to whether you can switch now, I honestly do not know the answer to that. That would definitely be your first question to the attorney.

If you were fired without just cause, have you tried reasoning with your company to see if they could reinstate you so that you could at least get the docs to go to the embassy?

[curiousone]

Read the post by MKBA7 under EAD/Advance Parole section.

[bounceback]

Few hours before , while researching on my case, I found out something called as Re-Entry Permit.Whats your take on that.

Looks like a better option than Advance Parole.Meanwhile I spoke to a lawyer/he is asking me to get L1A somehow/

Let me know your thots on Rentry Permit/

[curiousone]

Re-entry permits are for green card holders who have to b eoutsid efor more than a year and do not want to lose their US residence.

What documnetation does he propose u us eto apply for the L Visa?

[bounceback]

Photographs
D-156
Original notice of action
Covering letter by employer
Valid HDFC visa fee recpts
Demand drafts
Interview appt letter
I-129 (I dont have this one)
Mrg cft

Are requd for L1A....

Lawyer is asking for the followings for AP
Form
Passport pages copy
Photos
I-485 recpt

Another point - Am reading on the USCIS website form I-131 that someone who is outside US can also apply for AP ?? Is that correct .
Plz see https://www.immihelp.com/i-485-adjus...ce-parole.html


thanks

[curiousone]

obtaining advance parole while youre outside is limited to persons who do not wish to remain and adjust status in the US but rather have an urgent humaniatrian need to visit the uS temporarily and cannot obtain a Visa or waiver to do so.

But I just spoke with someone who knows more than me and actually, were you not fired you would be o,k. It turns out that the L is one of the few categories exempt from AP to travel with an I-485 pending which means you must get the L visa to enter now. If you can mange to do so then your AOS application is good. But you must have a I-485 pending AND valid L status.

I'm sorry I didn't realize this earlier

P.S. are you saying that the only thing on your list that you dont have is the I-129 ? do u have a cover letter?