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Can I stay while I-140 is under processing but L1A is expired?

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  • Can I stay while I-140 is under processing but L1A is expired?

    Hi,

    I am here on my second L-1A visa which is expiring in March 2019 (completing 6 years) and company hasn't file for I-140 yet.
    Let's assume that my company files for I-140 (under EB1 category) in next couple of months and by March 2019 it is still under processing (current processing time is 16 months for EB1), would I be able to stay in US in this case or the I-140 has to be approved before the expiry of visa?

    I have heard that the approval rate of getting L1-Extension is very low after completing 6 years. Please guide. thanks.

  • #2
    Hi,

    I don't think i140 gives you an official reason to stay. What you need is pending adjustment of status application i485. Typically for employment based GC process lawyers file i140/i485 and other forms (like i130 and i765) in parallel. So ask lawyers to file i140 and i485 simultaneously.

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    • #3
      Originally posted by ajaysharmaapjs View Post
      Hi,

      I am here on my second L-1A visa which is expiring in March 2019 (completing 6 years) and company hasn't file for I-140 yet.
      Let's assume that my company files for I-140 (under EB1 category) in next couple of months and by March 2019 it is still under processing (current processing time is 16 months for EB1), would I be able to stay in US in this case or the I-140 has to be approved before the expiry of visa?

      I have heard that the approval rate of getting L1-Extension is very low after completing 6 years. Please guide. thanks.

      Having an I-140 pending provides no US status. Your employer will need to file an I-485 and EAD/AP application for you. The EAD/AP will provide work and travel authorization, and once those are approved, you can let the L-1 expire. If you will be EB-1, then your priority date will probably be current, so you can file the I-485/EAD/AP at the same time as filing the I-140.

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      • #4
        Hi, I am in L1A individual VISA. My company is preparing to file my GC in EB1. I have 3 years left to complete 7 years. In current delay situation, can it be sufficient to get approved EAD ? If 140 gets approved and my EAD approval become pending, can I stay here in US? Asking your help as getting confused from multiple side talk. Need to take decision for child education. Thanks in advance.

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        • #5
          An approved I140 doesn't give you a status, hence you cannot stay after completion of your 7 years on L1.

          You need to file for I485 before your L1 expires (7 years) or switch to H1 based on your approved I140.
          - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

          If my opinion helping you, then please do click "like" button below.

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          • #6
            About Can I stay while I-140 is under processing but L1A is expired ? Sorry for bothering you. Finally my EB1 - I140 is filed in Oct, 19. I have 3 years VISA left. In this present delay, is there any chance my PD can be current to file 485 ? Just asking because in little tension due to my son's study. I don't know exact steps and minimum after which steps we can stay in US.

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            • #7
              Just wait & watch. Its too early to say anything now.

              At times USCIS allows people to file for their I485 based on date of filing, instead of date of final action. If that happens you'll certainly be able to file for I485 & continue to stay in USA.
              - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

              If my opinion helping you, then please do click "like" button below.

              Comment

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