Looking for advice - Applying for AOS - I-140 Approved (EB1-C)

[dhp3688]

Hi All,
I'm looking for suggestions/advice on whether to apply for AP and EAD while applying for AOS.
I'm on L1A visa status with a max-out date in July 2023. My employer applied for I-140 in December 2021 in the EB1-C category and received approval in June 2022 (We didn't opt for concurrent filing to avoid abandoning the L1A status, in case of denial).
Now my employer is preparing to apply for the AOS and wants to know whether I want to apply for AP and EAD with my AOS.
I want to get your opinion on -

1. Should I opt for applying AP and EAD with my AOS considering I will be maxing out in July 2023 and may not receive AOS approval and/or Green Card by then?
2. Is it wise to not apply for AP and EAD and just let the AOS processing finish so that in case it gets denied, I can stay in L1A status till July 2023 at least and can consider other avenues?

Additionally, the L1A visa stamp on my passport expired in February 2022, and if I leave the USA, I'll need to go for stamping before entering the USA.
I have not traveled outside of the USA since 2017 and not planning to travel for at least the next 6 months. There are long wait times in my home country (India) for stamping. In case I have to travel for an emergency, having an AP and EAD would help me avoid having to go for stamping, which is what makes me consider applying for AP and EAD as well.
Any experiences or suggestions are welcome.

Thanks!
DHP

[newacct]

You never have anything to lose by applying for EAD and AP. They are both free for I-485 applicants. Getting an EAD and/or AP will not affect your status or anything else if you don't use it. It is only if you use the EAD to work outside what is allowed by L1 that you would lose L1 status. Or if you enter on AP then you will not be in L1 status.

[shiva_82]

Hi All,
I'm looking for suggestions/advice on whether to apply for AP and EAD while applying for AOS.
I'm on L1A visa status with a max-out date in July 2023. My employer applied for I-140 in December 2021 in the EB1-C category and received approval in June 2022 (We didn't opt for concurrent filing to avoid abandoning the L1A status, in case of denial).
Now my employer is preparing to apply for the AOS and wants to know whether I want to apply for AP and EAD with my AOS.
I want to get your opinion on -

1. Should I opt for applying AP and EAD with my AOS considering I will be maxing out in July 2023 and may not receive AOS approval and/or Green Card by then?
2. Is it wise to not apply for AP and EAD and just let the AOS processing finish so that in case it gets denied, I can stay in L1A status till July 2023 at least and can consider other avenues?

Additionally, the L1A visa stamp on my passport expired in February 2022, and if I leave the USA, I'll need to go for stamping before entering the USA.
I have not traveled outside of the USA since 2017 and not planning to travel for at least the next 6 months. There are long wait times in my home country (India) for stamping. In case I have to travel for an emergency, having an AP and EAD would help me avoid having to go for stamping, which is what makes me consider applying for AP and EAD as well.
Any experiences or suggestions are welcome.

Thanks!
DHP

My recommendation will be to apply for EAD and AP. You won't lose your L1A status until you max out or you let your visa expire without extending. Otherwise just because an EAD is issued based on your AOS doesn't move you to EAD nor invalidate your L1A. You have to submit an I9 change to switch your employment to EAD or GC.

I would suggest that you remain on your L1A status until the time it is valid or until your GC is issued. Post your L1A max out, you could switch to EAD while you wait for GC to be issued but most likely you will get your GC before Jul 2023 assuming EB1 dates remain current.

You could also use your AP to travel to India and return without stamping your L1A. Your AOS would still be valid and you don't have to spend time to stamp your visa.

Also it's strange that your company did not concurrently file your 485, 765 and 131 because that would not have invalidated your L1A status and you would have not only received your EAD AP by now, you have a very good chance of getting your GC within a month or so.

Hope this helps.

[L1A_asp]

Also it's strange that your company did not concurrently file your 485, 765 and 131 because that would not have invalidated your L1A status and you would have not only received your EAD AP by now, you have a very good chance of getting your GC within a month or so.

Hope this helps.

Exactly, our company applied l1a extn even though my i140 was approved and AOS filed...Dont take a chance, apply whatever is available, dunno what will help when......L1A and GC are not connected....U can still get ur GC and continue on L1A ( though no one would do that)

[shiva_82]

Exactly, our company applied l1a extn even though my i140 was approved and AOS filed...Dont take a chance, apply whatever is available, dunno what will help when......L1A and GC are not connected....U can still get ur GC and continue on L1A ( though no one would do that)

While you could continue on your non immigrant visa even if you get your EAD, I believe if you get you GC, you lose your non-immigrant status automatically which means you can't any longer continue on your L or H visas. This is my understanding. Might be wrong.

[newacct]

While you could continue on your non immigrant visa even if you get your EAD, I believe if you get you GC, you lose your non-immigrant status automatically which means you can't any longer continue on your L or H visas. This is my understanding. Might be wrong.

Right, but how's that a problem? If you get your GC, you're done with needing any nonimmigrant statuses.

[shiva_82]

Right, but how's that a problem? If you get your GC, you're done with needing any nonimmigrant statuses.

Yes, you are correct and I was not meaning for it to be a problem. I was just replying to the post before mine which said that you could choose to continue on L1A status even after getting your GC. I thought that was not true while no one would ever do that.

[dhp3688]

Thank you for the advice both. I will go ahead and opt for both AP and EAD.

Also it's strange that your company did not concurrently file your 485, 765 and 131 because that would not have invalidated your L1A status and you would have not only received your EAD AP by now, you have a very good chance of getting your GC within a month or so.

Hope this helps.

Actually, the lawyer had given an option to apply for AOS concurrently while filing I-140, however, I misunderstood that if my petition gets denied (along with AOS and EAD), I will immediately lose my L1A status. I think it was a bad interpretation on my end and I should have checked at the time and asked for clarification regarding that option. Nonetheless, a lesson learned for me.
I appreciate your advice. Hopefully, this will help others in the future.

-Best Regards,
DHP