AoS with expired L1A but approved I-129 and I-140

[ArchibaldT]

Hello,

Wasn’t sure exactly where to post this as it crosses a few of the forums.

I got my L1A visa about 4y10m ago, and was given a 5 year visa with an I-97 for one year, which has been renewed twice for 2 years. This year we submitted an I-129 for the L1A renewal as well as I-140 for the EB1 green card. We submitted both on the assumption that the I-129 approval would come quicker, with premium processing.

The I-129 was approved and I have received a new I-97, however since the initial 5 year visa has expired, I would need to file the DS-160 and book a consular appointment out of country (which is not easy to do right now as they all seem to be giving emergency appointments only), in order to get a new passport stamp.

However, in the last few days, my I-140 has been approved and we have already filed the I-485 for AoS. So now am trying to see what the best option is for me.

1. Is it worth even continuing with the DS-160 and trying to get a consular appointment to renew the L1A visa or would it be better to simply wait on the AoS? Even if I could get a consular appointment, is it even advisable to leave the country for this purpose whilst an AoS is in process?

2. I am assuming that since I have an approved I-129 and new I-97 for 2 further years that I don’t need to apply for any sort of EAD as part of the green card process. Would this be correct?

3. With regards to travelling, I believe I can apply for an Advanced Parole document now that the I-485 has been submitted. With this document, would there be any issues with me a) leaving the US during my AoS or b) returning to the US with my expired L1A visa?

Many thanks for reading such a long post and appreciate all your advice!

[PS2015]

Why do you need to do consular appointment? I hope you got new I94 along with your approved petition.
Are you planning to travel out or USA?

[newacct]

I think you are misunderstanding something. US visas (what you call "stamp") are solely for entry. If you are staying in the US, you don't need to get a visa. If your company requested Extension of Stay on the I-129 and the approval notice came as an I-797A (and not I-797B), it means your Extension of Stay was approved and in a corner of the notice letter it should have your new I-94. That new I-94 is what determines your status in the US.

[ArchibaldT]

Hi both, thank you for your responses.

I'm sorry I didn't make it clear in my original post, but yes, I would like to be able to travel out of the US and re-enter. I did get the I-797A with I-94 for a further 2 years, but as the visa is expired, I would be unable to re-enter. The plan (pre-covid) would have been apply via DS-160, fly out of country, get the new visa and return, but seems almost impossible to do that now with consular wait times.

The I-140 approval and submission of the I-485 may complicate it slightly, as from what I've read, it wouldn't be a good idea to leave the country at all while waiting for an AoS. So with this new information, I'll try to clarify my earlier questions:

1. In order for me to be able travel, is there any point (or would it be advisable) trying to get a consular appointment to renew the L1A visa or would it be better to simply wait on the AoS and apply for Advanced Parole? With the advanced parole document, would there be any issues with me a) leaving the US during while waiting on AoS or b) returning to the US with my expired L1A visa?

2. Since I have an I-797 and I-94, I assume there would be no need to apply for an EAD at this point?

Thank you!

[newacct]

What is your purpose for traveling outside the US? If it is because you think you need a visa to stay in the US, that would be incorrect; you can continue to stay in the US without needing a visa. If you have other personal or business reasons to need to be abroad, then that is another story.

In order to be able to travel abroad and not abandon your I-485, you need to either 1) have AP granted before you leave and return on that AP, or 2) have L1 status before you leave and return on an L1 visa. So if you don't think you will be able to get a visa appointment to get an L1 visa while abroad, you should wait until you have Advance Parole. There should be no issue for you returning to the US on either an AP or an L1 visa, as long as you will not have been in Mainland China, Iran, the Schengen Area, the UK, Ireland, or Brazil in the 14 days before returning to the US.

Since it's free to apply for an EAD and AP, there is no downside to applying for them, even if you don't expect to use them.

[eb1cguy]

ArchibaldT: Since you have an approved I129/I797 already, you may be able to get a new Visa. Please keep in mind though that a lot of embassies are closed and are only allowing emergency appointments. So although you may be eligible, getting a new VISA might be a challenge.

Also you don't need to continue your stay since you would have received an updated I94 with your approval.

Please also keep in mind that once you exit out of the country, your EAD/AP application (if filed) would automatically be denied since your I94 would have changed.

These are my understanding and not a legal advice.