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bagurn     04/04/2019 19:23 PM

I have filed EB1C through my employer with a PD of Oct 2018 for India. My attorney has only filed for i-140 and informed me that he will apply for 1-765 EAD/AP and 485 once my PD becomes current.

I want to know if this is the process because my L1A will expire in about a year and I doubt my dates will become current to get my EAD by then.

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akn_28     04/11/2019 01:48 AM

My PD (EB1C)is also Oct 2018 and got RFIE on I-140 on Feb..Responded couple of weeks back. Your attorney is correct. I am hoping your I-140 will get approved in the meantime.


aldrich2007     04/11/2019 13:40 PM

If your I-140 was filed with premium process, you will get response in couple of weeks. Anyway, you still have ample time to have your I-140 approve before your L1A expiry. You can file EAD/AP once I-140 approved.


Bagurn     04/11/2019 13:48 PM

So, can I apply for my EAD/AP even if my priority date isn’t current ? I mean can EAD/AP and I-485 be applied separately or do they have to be applied at the same time ?


aldrich2007     04/25/2019 11:42 AM

I'm not a lawyer, but from my understanding, once your I-140 is approve but your PD is not current, you can file for EAD/AP for you and your dependent spouse.

Or another option is you can file a petition for extension of stay based on approved I-140 before your I-94 expiration date. That's very critical date of filing a petition to stay before your visa or I-94 expiry date.

If you have already filed for a valid extension of your visa or i94 extension before any of them expired, and the decision is still pending with USCIS, you are considered 'out-of-status' but in 'period of authorized stay'


Indian_L1A_EB1C     07/15/2019 11:41 AM

@bagurn - Can you share an updated status of your case and what all did you find out regarding I-765 and I-485 filing?


Richvictor     07/17/2019 01:15 AM

If someone has maxed out your L1A terms which is 7 years then they cannot extend,apply EAD/payrole unless their PD is current, if not current only option is to leave United States even if their I140 is approved.


nishanthmathews     10/07/2019 16:50 PM

This was my understanding as well. Can someone confirm?
@bagurn - what is your updated status please?


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