Pending AOS on EB3 is it possible to apply for L1

[kris7077]

Hi Gurus

I need some advise if the following is possible..

Wife has a pending AOS application and EAD ( not used) and AP ( used). She has been out of US for past 6 months. Is it possible for her to apply for a Non-Immigrant visa L1. There are some difficulties in entering the US back on AP which are not related to AP issues but of new born kid in India not being able to accompany her back to the US and having to wait out till 485 PD becomes current.
1. Is it possible to get an L1 visa if we get an employer to file one for her?
2. What kind of issues need to explained as to why an existing AOS is being abandoned in favour of an NIV like L1.

thanks

appreciate your time and response

kris
Edit/Delete Message

[curiousone]

Hi Gurus

I need some advise if the following is possible..

Wife has a pending AOS application and EAD ( not used) and AP ( used). She has been out of US for past 6 months. Is it possible for her to apply for a Non-Immigrant visa L1. There are some difficulties in entering the US back on AP which are not related to AP issues but of new born kid in India not being able to accompany her back to the US and having to wait out till 485 PD becomes current.
1. Is it possible to get an L1 visa if we get an employer to file one for her?
2. What kind of issues need to explained as to why an existing AOS is being abandoned in favour of an NIV like L1.

thanks

appreciate your time and response

kris
Edit/Delete Message

What would be the value of the L-1?..............just to regain entry into the US?
She would not qualify I believe for a L1 becaue thats a non immigrant visa, which requires an intent to return to ones home country, and she has already clearly indicated , by filing an AOS application, an intent to remain permanently in the US.
Why not apply for a visitors visa for the infant?
Its late to ask but I'm curious as to why your wife didnt have the baby here in the US.

[kris7077]

What would be the value of the L-1?..............just to regain entry into the US?
She would not qualify I believe for a L1 becaue thats a non immigrant visa, which requires an intent to return to ones home country, and she has already clearly indicated , by filing an AOS application, an intent to remain permanently in the US.
Why not apply for a visitors visa for the infant?
Its late to ask but I'm curious as to why your wife didnt have the baby here in the US.

Thanks for your reply.. H1 and L1 are dual intent NIV if I recall correctly. Also since she stayed outside of the US for 6 months and did not go for FP(second time as she was outside of country) her application is probably considered abandoned anyway. I do not know if infants qualify for Visitor's visa ( and I think for a visitor visa you should not have any intent to immigrate or file for adjustment).

There might be cases where people on H1B filed for GC and left the country and returned again on new H1 which is pretty similar to my wife's case.

Any more ideas?

thanks

kris