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L1A Extension post approved EAD

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  • L1A Extension post approved EAD

    I did concurrent filing Feb 2018. I got my EAD approved last week for 1 yr which is valid till June 2019. My L1 getting expired on Feb 2019. I still can go for another extension. But since got EAD till June 2019, what should be the process now. 1. Do I need to go for L1 extension? Or 2. Is it only going to be EAD renewals from here on, which I assume will be on yearly basis.

    One of my friend also in similar position is advised by his employer "not to maintain visa anymore as they will renew EAD"

    But I'm worried that extending EAD every year will be tricky as we need to show we are still relevant for US market and employer has work for you...Is it true? What is the process for extending EAD for L1A?

  • #2
    Originally posted by aspire4usa View Post
    I did concurrent filing Feb 2018. I got my EAD approved last week for 1 yr which is valid till June 2019. My L1 getting expired on Feb 2019. I still can go for another extension. But since got EAD till June 2019, what should be the process now. 1. Do I need to go for L1 extension? Or 2. Is it only going to be EAD renewals from here on, which I assume will be on yearly basis.

    One of my friend also in similar position is advised by his employer "not to maintain visa anymore as they will renew EAD"

    But I'm worried that extending EAD every year will be tricky as we need to show we are still relevant for US market and employer has work for you...Is it true? What is the process for extending EAD for L1A?
    There is no such thing as "EAD for L1A". I am assuming you meant to say that you filed for EAD along with your GC petition. Whether to maintain your L1A status or use your GC associated EAD is up to you. You can renew it until you get your GC or your petition is denied. There is no such thing as showing your relevance to the US market on an yearly basis.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by scientist2016 View Post
      There is no such thing as "EAD for L1A". I am assuming you meant to say that you filed for EAD along with your GC petition. Whether to maintain your L1A status or use your GC associated EAD is up to you. You can renew it until you get your GC or your petition is denied. There is no such thing as showing your relevance to the US market on an yearly basis.
      Thanks scientist2016.

      You are right, I meant EAD while in EB1 process. My L1A is getting expired Mar 2019, so can I ask my employer to extend my L1A while have EAD for 1 yr?

      Also, with USCIS retrogressed L1A priority date, how much impact it will on i 140? As shared I filed in Mar 2018...

      Comment


      • #4
        Originally posted by aspire4usa View Post
        Thanks scientist2016.

        You are right, I meant EAD while in EB1 process. My L1A is getting expired Mar 2019, so can I ask my employer to extend my L1A while have EAD for 1 yr?

        Also, with USCIS retrogressed L1A priority date, how much impact it will on i 140? As shared I filed in Mar 2018...
        Friends, Any thought on impact on i 140 approval because of retrogression?

        Comment


        • #5
          Originally posted by aspire4usa View Post
          Friends, Any thought on impact on i 140 approval because of retrogression?
          Retrogression is for I485. It is not related to I140, and hence has no effect on I140 approval.
          Just an opinion; Not legal advice.

          Comment


          • #6
            You can and should renew your L1A. If you do not renew your L1A and continue on US on the basis of your EAD and your 140/485 gets denied, you will be out of status and a NTA will be issued for deportation. If you have your L1A and continue to use it, you can still work with your L1A until the next expiration date. Eventually you can even reapply for a GC in other category.

            I am in the same situation and I have renewed my L1A (now valid up to 2021) and I have an approved EAD that I will also renew. I am keeping both because this means no risk of NTA as I am not tied to the GC process. Maybe people will now understand the importance of having a valid visa while you wait for a decision.

            And yes, retrogression has an impact in your 485 - no visas are available right now and for some countries, they may not be available after October as well - for EB1, there is a pending inventory of 12 thousands visas prior to May 2017. For February 2018, you should get your 140 approval only next year (without RFEs) and if retrogression is in place, a GC only after October 2019. Remember that the 485 takes longer now with the interview and all offices are backlogged. A typical GC for EB1/L1A is taking 18 months nowadays...

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