Date of Filing I485 (AOS) is Current for EB1, but L1 Maxed out - PLEASE HELP

[newacct]

If you are confident of your ability to fill out the forms yourself, you can file yourself. If you have any questions about the forms you can ask on here or on other forums. You are out of status, but as I said, you can still file I-485. You will be truthful about your status on your I-485, but your being out of status for less than 180 days won't affect the application since you are eligible for AOS under INA 245(k). Once you file I-485, you can stay in the US while it is pending. What is your spouse's status?

[burrows_savio15]

Hi newacct. As always, thanks for your prompt response. My Wife is on L2 Dependent Visa so no much hopes there.. I don't think I can file by myself. The last thing I would want is to make some mistake and screw up. My Employer is asking me to leave and thus, I think I will leave and pursue Consular processing. Does consular processing refer to date of filing or date of action ?

[newacct]

I'm just a volunteer, but perhaps other members here are lawyers or know of lawyers who can help you fill out the forms. Your wife can file I-485 too as your derivative beneficiary, assuming she has also been out of status for less than 180 days. When you say your employer is asking you to leave, does that mean they are still offering you a job when you immigrate? No matter if you do AOS in the US or Consular Processing abroad, your company needs to still offer to employ you in order for you to be able to immigrate on their petition. For Consular Processing, they can start processing when the Date for Filing gets to your priority date, but won't issue your immigrant visa until the Final Action Date gets to your priority date. However, if your I-140 indicated that you are doing AOS, for you to switch it to Consular Processing, you would need to file I-824 to move your petition to NVC, and this process takes a long time, so I think Consular Processing would be slower at this point, plus you can't be in the US during that time. If you are eligible for Consular Processing, you are also eligible for AOS (given what you have described), so I don't see any reason why you would leave and do CP instead of staying and doing AOS.

[pamiboy]

I feel for the OP. Hope he finds a competent lawyer and manages everything from US. Best wishes and prayers.

[burrows_savio15]

newacct. I am so sorry for the late response. I had to run some important errands yesterday. My Emp will still offer me the same position at offshore because the client I work for wants to keep me. I think I have made a decision to leave because of a couple of concerns. My health insurance is cut from my emp. My DL is not valid, I don't get paid anymore and so many uncertainties. Also, if I stay here for long without working my employer will replace me. Given these scenarios, I have decided to leave.

newacct, I just cannot THANK YOU enough for all your guidance. You and other experts here are TRUE SAVIOURS in helping and guiding people like us. We don't even get as much info when we pay and consult a lawyer. I have spent more than $2000 in the last 3 days and no Lawyers were able to give me direct or convincing answers. I think what you guys do is just brilliant!!

Thanks so much and will be in touch again!

pamiboy, Thanks for your best wishes.

[killabee]

Excuse my ignorance and please fill me in. Do you have an approved I-140 for your EB1? If so, you can use that to work on if you have Employment Authorization and then file for AOS if the priority date is current.

If you have approved EB1 I-140 (I'm assuming you do and I'm assuming that's why you're asking about AOS), why are you still using your L1 to work if you can use that instead?

[newacct]

Excuse my ignorance and please fill me in. Do you have an approved I-140 for your EB1? If so, you can use that to work on if you have Employment Authorization and then file for AOS if the priority date is current.

If you have approved EB1 I-140 (I'm assuming you do and I'm assuming that's why you're asking about AOS), why are you still using your L1 to work if you can use that instead?

An approved petition (like I-140) does not by itself allow you to stay in the US or to work.

[burrows_savio15]

killabee Thanks for your response.I only have I-140 approved on EB1 and my date of filing is current to my priority date. However, because my L1A is expired and I have maxed out 7 years, I am told I cannot file for AOS when I am in out of status. I am not using my L1 any more because, it is expired. I cannot extend visa unlike H1B with approved I-140 thus, there is not other valid legal status for me to stay in the US.

[killabee]

killabee Thanks for your response.I only have I-140 approved on EB1 and my date of filing is current to my priority date. However, because my L1A is expired and I have maxed out 7 years, I am told I cannot file for AOS when I am in out of status. I am not using my L1 any more because, it is expired. I cannot extend visa unlike H1B with approved I-140 thus, there is not other valid legal status for me to stay in the US.

Ah, yes I see. Sorry to hear that. I guess that leaving the US and then filing for adjustment of status (consular processing, if they are accepting that now) is your main option then.

Hope it all works out for you.