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I 140 pending and L1A expiring. What to do?

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  • I 140 pending and L1A expiring. What to do?

    Hello!

    I filed for I 140 from a EB1C on March 2019.

    Answered RFE on March 2020 and after 177 days still no answer.

    My L1A expires on 21st October and USCIS said that will be replying my case until November 14th.

    I’m on a dilemma between doing AOS (I 485) and wait for the I 140 hoping it get approved, or work on renewing the L1A (I’m still working on the company) with the downside that I’ll pay a lot for that when I 140 is so close.

    1) What are the chances of having this I140 approved as I came from a successful L1A renewal?

    2) If I have I 140 denied after L1A expired, can I apply for the L1A extension while in the USA? Do I have a window time for that?

    Please give me some inputs as I’m about to decide with my lawyer next week.

    MANY THANKS


  • #2
    I think you need to apply L1 renewal before expiry of current i94. I guess you can’t apply extension post expiry of i94.
    yju can quickly file for 485 and move into EAD, if applicable to you.

    Comment


    • #3
      My L1 Extension Denied and i have i140 approved and switch to EAD. My 485 status is "Interview completed and case must be review" . Priority date is March 2018.
      Will rejection will impact my GC processing?

      Comment


      • #4
        Originally posted by sank321 View Post
        My L1 Extension Denied and i have i140 approved and switch to EAD. My 485 status is "Interview completed and case must be review" . Priority date is March 2018.
        Will rejection will impact my GC processing?
        L1 & GC are completely independent of each other. So, L1 denial has no bearing on your I485.
        Just an opinion; Not legal advice.

        Comment


        • #5
          Originally posted by scientist2016 View Post
          L1 & GC are completely independent of each other. So, L1 denial has no bearing on your I485.
          Thanks for your reply.
          I am simply waiting for my result.

          My only worried is will USCIS see my Visa status before approving my i485? If Yes , then what will be the outcome?
          Is GC processing is for future employment ?
          Can I re-file my extension again which is Rejected ? as I have 2 years left on my L1 petition?
          And with in how many days GC will get approve after Oct 2020 Visa bulletin, as my Priority date is March 2020?


          Comment


          • #6
            Originally posted by sank321 View Post

            Thanks for your reply.
            I am simply waiting for my result.

            My only worried is will USCIS see my Visa status before approving my i485? If Yes , then what will be the outcome?
            Is GC processing is for future employment ?
            Can I re-file my extension again which is Rejected ? as I have 2 years left on my L1 petition?
            And with in how many days GC will get approve after Oct 2020 Visa bulletin, as my Priority date is March 2020?

            As long as your I485 is under process you need not worry about your "visa" status. Your priority date and your country of birth determine when a GC would be available to you.
            Just an opinion; Not legal advice.

            Comment


            • #7
              Originally posted by scientist2016 View Post

              As long as your I485 is under process you need not worry about your "visa" status. Your priority date and your country of birth determine when a GC would be available to you.
              Thanks for reply.
              Do you know how many days it will take to come i485 decision for March 2018 Priority date after getting OCT 2020 Visa Bulliten

              Comment


              • #8
                Originally posted by sank321 View Post

                Thanks for reply.
                Do you know how many days it will take to come i485 decision for March 2018 Priority date after getting OCT 2020 Visa Bulliten
                Depends on your service center and local field office.
                Just an opinion; Not legal advice.

                Comment


                • #9
                  Originally posted by SAPB View Post
                  Hello!

                  I filed for I 140 from a EB1C on March 2019.

                  Answered RFE on March 2020 and after 177 days still no answer.

                  My L1A expires on 21st October and USCIS said that will be replying my case until November 14th.

                  I’m on a dilemma between doing AOS (I 485) and wait for the I 140 hoping it get approved, or work on renewing the L1A (I’m still working on the company) with the downside that I’ll pay a lot for that when I 140 is so close.

                  1) What are the chances of having this I140 approved as I came from a successful L1A renewal?

                  2) If I have I 140 denied after L1A expired, can I apply for the L1A extension while in the USA? Do I have a window time for that?

                  Please give me some inputs as I’m about to decide with my lawyer next week.

                  MANY THANKS
                  Wanted to check if your i140 is approved now?

                  Comment


                  • #10
                    Originally posted by SAPB View Post
                    Hello!

                    I filed for I 140 from a EB1C on March 2019.

                    Answered RFE on March 2020 and after 177 days still no answer.

                    My L1A expires on 21st October and USCIS said that will be replying my case until November 14th.

                    I’m on a dilemma between doing AOS (I 485) and wait for the I 140 hoping it get approved, or work on renewing the L1A (I’m still working on the company) with the downside that I’ll pay a lot for that when I 140 is so close.

                    1) What are the chances of having this I140 approved as I came from a successful L1A renewal?

                    2) If I have I 140 denied after L1A expired, can I apply for the L1A extension while in the USA? Do I have a window time for that?

                    Please give me some inputs as I’m about to decide with my lawyer next week.

                    MANY THANKS
                    As per my understanding you will need a valid visa and I94 to stay and work here. Approved I140 is not enough, unless you have a pending I485 and EAD. Hence you will need to extend your visa in any case until your priority date becomes current and receive an EAD.

                    Comment

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