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Legal Status While while various petitions are pending?

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  • Legal Status While while various petitions are pending?

    Hello All,
    I wanted your expert opinions on my case/situation.
    Currently i am on L1 visa which is due to renewal soon and also at the moment I have these petitions pending
    1. I-140 EB1C with PD Nov 2016
    2. I-485 with PD Nov 2016 (concurrent filing)

    Also I had received EAD/AP card which is due to renewal soon (Dec 2017). I am expected to go to Home Country soon (preferably before EAD/AP expires) to get L1 extension.

    I am concern that What happens if say L1 extension is denied..
    - Will I get entry in USA if i come back before current EAD/AP expires (Dec 2017)?
    - How long one can work after filing EAD/AP renewal and while it is pending for approval?
    - Once EAD/AP is approved (hoping for next 1yr or so), can i stay and work without any issue i.e. even when L1 extension was denied?
    - With EAD/AP approved and pending I-140 & I-485 for decision, can I stay back in USA as long as a final decision is NOT made on these petitions?

    Would really appreciate your help.
    Thanks in advance!

  • #2
    Originally posted by knock2 View Post
    Hello All,
    I wanted your expert opinions on my case/situation.
    Currently i am on L1 visa which is due to renewal soon and also at the moment I have these petitions pending
    1. I-140 EB1C with PD Nov 2016
    2. I-485 with PD Nov 2016 (concurrent filing)

    Also I had received EAD/AP card which is due to renewal soon (Dec 2017). I am expected to go to Home Country soon (preferably before EAD/AP expires) to get L1 extension.

    I am concern that What happens if say L1 extension is denied..
    - Will I get entry in USA if i come back before current EAD/AP expires (Dec 2017)?
    - How long one can work after filing EAD/AP renewal and while it is pending for approval?
    - Once EAD/AP is approved (hoping for next 1yr or so), can i stay and work without any issue i.e. even when L1 extension was denied?
    - With EAD/AP approved and pending I-140 & I-485 for decision, can I stay back in USA as long as a final decision is NOT made on these petitions?

    Would really appreciate your help.
    Thanks in advance!
    1) Yes. L1 extension has got nothing to do with your GC. They are two completely separate and different things.
    2) Your EAD is automatically extended for 180 days, if extension is filed in a timely manner (before expiry of the current EAD). So you can continue working
    3) Yes. L1 extension has got nothing to do with your GC. They are two completely separate and different things.
    4) Yes. Your stay in the US has got nothing to do with your EAD/AP. EAD is to enable you to work, and AP is for foreign travel. You can stay in the US, as long as your I485 is pending, even without an approved EAD/AP.
    Just an opinion; Not legal advice.

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