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L1 - AoS and EAD/AP - Getting an EAD faster through FB GC Process

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  • L1 - AoS and EAD/AP - Getting an EAD faster through FB GC Process

    Hi all,

    I didn't know where to post this but it seems that L1 is appropriate.

    Context:
    1. I'm in the US on an L1-A currently having my PERM application being reviewed by DOL for approval.
    Intent:
    1. I was looking at getting married with my soon-to-be-wife (US Citizen) this summer
    2. I'm looking at another job for a startup around this summer as well

    My own investigation in order see what's the fastest way for me to be available for another employer.

    PERM Employment-Based GC Processthis is the current process I'm in
    My PERM Application is currently pending with the Department of Labor (DOL). Once the PERM Application is certified (approved), I can proceed with filing the I-140 petition and I-485 (AOS) application. Due to COVID-19, USCIS has currently suspended premium processing for the I-140 petition. If, however, the suspension is lifted by the time your PERM Application is approved, I will have the option to premium process it for an additional USCIS filing fee, which guarantees a decision within 15 days. Otherwise, regular processing time for the I-140 petition can be about 6 months. The processing time for the I-485 (AOS) application varies depending upon which USCIS service center adjudicates it; processing times can range from 6 months to over 1 year. Along with the I-485 (AOS) application, I'll also include applications for Employment Authorization (I-765) and Advance Parole (I-131).

    Outcome: In the worst-case scenario to get an EAD (and maybe waiting for the L1 portability) will take a minimum of 4 months (PERM) + 6 months (I-140 w/o premium) + 4-6 months (I-756) = 14-16 months to have an EAD.

    Then I was thinking about the following:

    Family-Based GC Process
    Once married (maybe in May), I can proceed with filing the I-130 petition and I-485 (AOS) application directly. The processing time for the I-130 petition and I-485 (AOS) application varies depending upon which USCIS service center adjudicates them. Current processing times for the I-130 range from 5 months to 19.5 months. There is no option to premium process the I-130 petition. Processing times for the I-485 (AOS) application can range from 6 months to over 1 year. BUT along with the I-485 (AOS) application, I also include applications for Employment Authorization (I-765) and Advance Parole (I-131).

    Outcome
    : In the worst-case scenario to get an EAD will take a minimum of 4-6 (I-765) = 4-6 months.

    Am I missing something crucial that would stop me from if I take the FB GC process once married be able to work for another employer in 4-6 months? (Apart the fact that I might lose the current Green card process I am in?)

    Really appreciated. Hope you are all safe.
    Best,
    P
    Last edited by Citan; 04-08-2020, 12:21 AM.

  • #2
    One major thing you forgot to mention - your current citizenship.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

    Comment


    • #3
      French and Swiss (under L1-A visa with my French one). Any impact on the potential EAD through the FB GC Process?

      Thanks a lot in advance for your help!

      Comment

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