Q: Advance Parole Documentation (Adjustment of Status (AOS): L1 to Green Card) Necessity - i131 Form
Currently my wife (Argentinian) & I (US Citizen) are filing to change her status from L1 Visa to Green Card. We are in the early stages of this process & are trying to decide whether or not we should be filing the i131 form along with i130, i130A, i485, i765, i864 & i944. The reason is that she has a L1 visa with her employer that expires Oct. 2023. Her i94 expires Oct. 2021. If she doesn't continue employment with her company after filing AOS:
1. Is she allowed to stay until 2021 based on her i94 (& while AOS is processing) or does her date to stay in country change based on termination of employment? What becomes of her valid L1 visa which expires in Oct. 2023?
2. We also assume that she can stay once she receives receipt of application of AOS from USCIS. Is that correct?
3. Should we still file form i131 as a precaution? And should we place multiple dates for the expected travel, since we currently don't know when that will occur?
Thank you. - Allen
A:
Allen,
Your spouse with the L-1status can also file the FORM I-131 at the time of filing for adjustment of status with USCIS. You can place possible dates of travel in the FORM I-131.
As an applicant who is in status at the time of application for adjustment of status, your spouse can remain in the U.S. while awaiting for adjudication of the request of adjustment of status. If the L-1 status ends while awaiting adjudication, your spouse is allowed to remain in the U.S. until USCIS adjudicates the case.
All the forms that you have indicated in your posting shows that you are on the right track. However, a visit with a qualified and experienced immigration attorney is in your best interest and will help avoid unnecessary errors and delays.
Good luck to you and your family.
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