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Can I stay in the US after concurrent filing if my visa is expiring?

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  • Can I stay in the US after concurrent filing if my visa is expiring?

    Hello,

    I am in the US on an L1 visa, it is expiring on March 5th.

    On Nov 15th we filed (Using the concurrent option since I applied to that option), but so far I haven't received anything other that the receipt saying that they received the forms. We applied to the EAD also, but I haven't received that either yet.

    So my question is, is that a normal processing time? do we have to leave the US on March 5th? and if I can stay, I believe I cannot work or travel right?

  • #2
    Originally posted by ocramas View Post
    Hello,

    I am in the US on an L1 visa, it is expiring on March 5th.

    On Nov 15th we filed (Using the concurrent option since I applied to that option), but so far I haven't received anything other that the receipt saying that they received the forms. We applied to the EAD also, but I haven't received that either yet.

    So my question is, is that a normal processing time? do we have to leave the US on March 5th? and if I can stay, I believe I cannot work or travel right?
    Yes you can stay. No you cannot work until you get the EAD and cannot travel outside until you get AP.
    Just an opinion; Not legal advice.

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    • #3
      Originally posted by scientist2016 View Post
      Yes you can stay. No you cannot work until you get the EAD and cannot travel outside until you get AP.
      Thanks scientist2016, but let's say.

      If I need a new driver's license, or show my status to somebody!!, I just have the receipt numbers, no approvals nor anything else, do you know how does it work?

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      • #4
        Originally posted by ocramas View Post
        Thanks scientist2016, but let's say.

        If I need a new driver's license, or show my status to somebody!!, I just have the receipt numbers, no approvals nor anything else, do you know how does it work?
        You don't need to "show your status" to anybody when inside the US. Your I-485 receipt is enough to show that you have a pending I-485 in the unlikely case you run into one of those CBP checkpoints near the border (they can look up the status of your I-485 if necessary).

        For driver's license, the requirements vary by state, but for many states, a pending I-485 is not enough to get a driver's license you have to wait until you get an EAD or green card.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Originally posted by newacct View Post
          You don't need to "show your status" to anybody when inside the US. Your I-485 receipt is enough to show that you have a pending I-485 in the unlikely case you run into one of those CBP checkpoints near the border (they can look up the status of your I-485 if necessary).

          For driver's license, the requirements vary by state, but for many states, a pending I-485 is not enough to get a driver's license you have to wait until you get an EAD or green card.
          Thanks newacct! Now everything is more clear, I thought I needed to leave the country. For the DL I will reach out to my office and get their requirements.

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