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EAD Extention (I-485 pending) or L1 A Visa Extention : Which one should I apply?

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  • EAD Extention (I-485 pending) or L1 A Visa Extention : Which one should I apply?

    I have following status of my Visa and Green card process

    Current Non immigrant VISA:
    Visa/Petition approval Category : L1-A
    Visa Expiry : 12-NOV-2017
    I-94 Expiry : 12-NOV-2017

    Green Card Process:

    Category : EB1C
    All documents ( I-140, I-485,I-131,I-765 ) submmited to USCIS on 09-NOV-2016

    I-140 : Approved on 06/30

    I-485 : Submitted on 09-NOV-2016 and still pedning with USCIS

    EAD card from USCIS Details:
    Valid from : 02/04/2017
    Card Expires: 02/03/2018
    EAD card says "SERVES AS I-512 ADVANCE PAROLE"

    I know there is lot of konwledgeable people here. Can someone help me to clarify/answer my below queries.

    Does "SERVES AS I-512 ADVANCE PAROLE" mean that I would be able to work in USA even after my I94 expires on 12-NOV-2017?

    Will I be able to travel outside USA and comeback with this EAD card validity ?

    At this situation what should I apply for ? Current L1-A visa extention or EAD extention(I-485 Pending)?


    I really appriciate your help in advance. Thanks!.

  • #2
    Serves as I-512 means this EAD card also serves as advance parole. Since you are already in the AOS process, you can continue working even after your I94 expires, as long as you switch over to this EAD card (your employer will change their I9 records, and that is it). Switching over to this EAD card also means you no longer are under L1A.

    The whole purpose of the advance parole document is to allow you to travel outside the US and re-enter; so the answer is Yes.

    You do not need to apply for any extension right now. Your EAD card is valid until Feb 2018. Hopefully EB1 (for India) becomes current before then, and you will get your GC by then. Otherwise consider filing for an extension of the EAD/AP card at the end of this year.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by sanjayMH View Post
      I have following status of my Visa and Green card process

      Current Non immigrant VISA:
      Visa/Petition approval Category : L1-A
      Visa Expiry : 12-NOV-2017
      I-94 Expiry : 12-NOV-2017

      Green Card Process:

      Category : EB1C
      All documents ( I-140, I-485,I-131,I-765 ) submmited to USCIS on 09-NOV-2016

      I-140 : Approved on 06/30

      I-485 : Submitted on 09-NOV-2016 and still pedning with USCIS

      EAD card from USCIS Details:
      Valid from : 02/04/2017
      Card Expires: 02/03/2018
      EAD card says "SERVES AS I-512 ADVANCE PAROLE"

      I know there is lot of konwledgeable people here. Can someone help me to clarify/answer my below queries.

      Does "SERVES AS I-512 ADVANCE PAROLE" mean that I would be able to work in USA even after my I94 expires on 12-NOV-2017?

      Will I be able to travel outside USA and comeback with this EAD card validity ?

      At this situation what should I apply for ? Current L1-A visa extention or EAD extention(I-485 Pending)?


      I really appriciate your help in advance. Thanks!.
      Could you tell us the Service Center? Is that Nebraska, Texas or...? I believe you will be OK as you are in the process of adjusting status but I know that Nebraska is taking longer so maybe you will need to consider to renew your EAD. Some people have mentioned automatic renewal..I am not sure what is this and how it works but maybe you can investigate.

      Comment


      • #4
        I will suggest go for L1A extension and also apply for EAD extension before 2/3/18.

        Working with EAD means you have to change your status from Non-immigrant to Immigrant by declaring in I9 form.

        I have the same case and my attorney suggested to continue Non-immigrant status till I-485 is approved. So, I applied L1A visa extension. I will also apply for EAD renewal if I485 is still pending.

        Comment

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