L1A Expiring, I-140/I-485 Pending, Approved EAD and AP

[vekram]

Hi Folks,

My L1A VISA is expiring on 8-Feb-2018. ( I initially entered in US on 12 June 2012, so I kind of completed 6 years tenure of VISA - though I was physically in US for 5.5 years).

I filed I-140, I-485 Concurrently on 31-May-2017 under EB1C category at Texas Service Center. Also filed EAD and AP together. Got EAD and AP approved in August 2017.
EAD & AP is valid till September 2018. There is no status update on I-140 and I-1485 till today.

My questions are -

1. Should I extend L1A VISA?

2. If I file L1A extension, can it hamper ongoing GC processing in any manner in negative way? E.g. If I get an RFE during L1A processing or I get L1A denial, does it impact GC process? My attorney says NO - it does not impact. But I want to know opinions of people on this.

3. If I do not file L1A extension and continue working through EAD till September 2018, does that impact GC processing in any negative way? i.e. Due to not having valid VISA status, can it have negative impact or additional processing needed by USCIS?

4. If I file L1A extension, should I file it from USCIS in USA, or at Consular in US embassy at Chennai India? Because I have Advance Parole, so I can come back to US even though VISA extension is not approved.

5. If I file L1A extension, should I file it in normal processing or premium processing? (This question is because I am thinking if regular filing takes longer then it could be beneficial because by the time L1A is adjudicated, I will likely have GC outcome)

6. If I dont file L1A extension and if I get called for EB1C Interview (as per new process), will they consider the fact that I do not have L1A VISA and they may ask for some L1A related documentation etc? (i.e. can it go wrong in any manner).


Your prompt response would really be appreciated guys.


Thanks a lot.


Vekram

[scientist2016]

Hi Folks,

My L1A VISA is expiring on 8-Feb-2018. ( I initially entered in US on 12 June 2012, so I kind of completed 6 years tenure of VISA - though I was physically in US for 5.5 years).

I filed I-140, I-485 Concurrently on 31-May-2017 under EB1C category at Texas Service Center. Also filed EAD and AP together. Got EAD and AP approved in August 2017.
EAD & AP is valid till September 2018. There is no status update on I-140 and I-1485 till today.

My questions are -

1. Should I extend L1A VISA?

2. If I file L1A extension, can it hamper ongoing GC processing in any manner in negative way? E.g. If I get an RFE during L1A processing or I get L1A denial, does it impact GC process? My attorney says NO - it does not impact. But I want to know opinions of people on this.

3. If I do not file L1A extension and continue working through EAD till September 2018, does that impact GC processing in any negative way? i.e. Due to not having valid VISA status, can it have negative impact or additional processing needed by USCIS?

4. If I file L1A extension, should I file it from USCIS in USA, or at Consular in US embassy at Chennai India? Because I have Advance Parole, so I can come back to US even though VISA extension is not approved.

5. If I file L1A extension, should I file it in normal processing or premium processing? (This question is because I am thinking if regular filing takes longer then it could be beneficial because by the time L1A is adjudicated, I will likely have GC outcome)

6. If I dont file L1A extension and if I get called for EB1C Interview (as per new process), will they consider the fact that I do not have L1A VISA and they may ask for some L1A related documentation etc? (i.e. can it go wrong in any manner).


Your prompt response would really be appreciated guys.


Thanks a lot.


Vekram

1. Your choice.
2. No.
3. No.
4. Depends on if you want to fly back and get visa stamped or just extend your stay here.
5. Your choice.
6. No. Two separate processes.

If I were you, I would use the EAD. In case the GC petition is rejected your L1 extension even if you get it, would be near expiration. So you would have to leave the US in case of a rejection anyways. So I do not see a reason to try to get the L1 extended.

[vekram]

1. Your choice.
2. No.
3. No.
4. Depends on if you want to fly back and get visa stamped or just extend your stay here.
5. Your choice.
6. No. Two separate processes.

If I were you, I would use the EAD. In case the GC petition is rejected your L1 extension even if you get it, would be near expiration. So you would have to leave the US in case of a rejection anyways. So I do not see a reason to try to get the L1 extended.

Thanks for the response buddy. This is what I was thinking as well. However, my GC result would be out by April I think (?) and from April 2018 till Feb 2019, its 10 months and because I came to US in June 2012 so I didnt utilize Feb 2012 through May 2012 that gives me additional 3 months ..which total makes 1 year if my VISA is approved. So, i was under confusion if staying for an extra year makes sense.

[scientist2016]

Thanks for the response buddy. This is what I was thinking as well. However, my GC result would be out by April I think (?) and from April 2018 till Feb 2019, its 10 months and because I came to US in June 2012 so I didnt utilize Feb 2012 through May 2012 that gives me additional 3 months ..which total makes 1 year if my VISA is approved. So, i was under confusion if staying for an extra year makes sense.

Sure you can go that route, but in the big picture this 1 yr. might not add anything substantial to your long term plans. For e.g., if you leave you can use the 1 yr. to look at alternate avenues for GC or simply to refresh your H1/L1 time clock.

[aNiche]

Hi Folks,

My L1A VISA is expiring on 8-Feb-2018. ( I initially entered in US on 12 June 2012, so I kind of completed 6 years tenure of VISA - though I was physically in US for 5.5 years).

I filed I-140, I-485 Concurrently on 31-May-2017 under EB1C category at Texas Service Center. Also filed EAD and AP together. Got EAD and AP approved in August 2017.
EAD & AP is valid till September 2018. There is no status update on I-140 and I-1485 till today.

My questions are -

1. Should I extend L1A VISA?

2. If I file L1A extension, can it hamper ongoing GC processing in any manner in negative way? E.g. If I get an RFE during L1A processing or I get L1A denial, does it impact GC process? My attorney says NO - it does not impact. But I want to know opinions of people on this.

3. If I do not file L1A extension and continue working through EAD till September 2018, does that impact GC processing in any negative way? i.e. Due to not having valid VISA status, can it have negative impact or additional processing needed by USCIS?

4. If I file L1A extension, should I file it from USCIS in USA, or at Consular in US embassy at Chennai India? Because I have Advance Parole, so I can come back to US even though VISA extension is not approved.

5. If I file L1A extension, should I file it in normal processing or premium processing? (This question is because I am thinking if regular filing takes longer then it could be beneficial because by the time L1A is adjudicated, I will likely have GC outcome)

6. If I dont file L1A extension and if I get called for EB1C Interview (as per new process), will they consider the fact that I do not have L1A VISA and they may ask for some L1A related documentation etc? (i.e. can it go wrong in any manner).


Your prompt response would really be appreciated guys.


Thanks a lot.


Vekram

What did you eventually do? I am in a similar situation with my L1A visa expiring in Jan'19.

[vekram]

What did you eventually do? I am in a similar situation with my L1A visa expiring in Jan'19.

I did not file L1A extension because this is my last year (of the max 7 years). And I was hearing many cases of denials of L1 extension so didn?t want to take risk.

[suresh1980]

GC Timing

I did not file L1A extension because this is my last year (of the max 7 years). And I was hearing many cases of denials of L1 extension so didn?t want to take risk.

Hi Vikram,

Can i know, when you have applied GC?

Thanks,

[vekram]

Hi Vikram,

Can i know, when you have applied GC?

Thanks,

I applied in May 2017.

[Pierre]

Hi,

Did you get GC in April as planned? If not, are you planning an inquiry request?
I applied concurrent 140/485 in May 2017, still pending. In renewal of EAD/AP with L1 expired since Jan 2018.

[rkg2018]

i-485 (I-140 already approved) ?

Hi.
I just want to know if I can apply I-495 while my I-94 expired and L1 A extension applied and pending from USCIS. I do'nt have any EAD/AP.

[vekram]

Hi,

Did you get GC in April as planned? If not, are you planning an inquiry request?
I applied concurrent 140/485 in May 2017, still pending. In renewal of EAD/AP with L1 expired since Jan 2018.

No. I did not get GC in April. I had an Inquiry in May 2018. And they had come back with Standard Answer that it was taking more time than usual to adjudicate I-140 and if i didnt hear anything in 90 days from the date they responded, another service request could be raised. I didnt raise any other service request.

[vekram]

Hi.
I just want to know if I can apply I-495 while my I-94 expired and L1 A extension applied and pending from USCIS. I do'nt have any EAD/AP.

I dont know the answer. please check with your attorney. I assume you meant I-485 and not I-495.
As what I think - you can apply but not v sure.

[gvk]

Hi,

For the benefit of everyone, could you guys share the outcome of these questions in this thread.

Can we stay legally on approved EAD/AP when I94 is expiring and renewal of L1A visa is due in few months.?

What happened to the GC, did you get it on time as expected?

[sree2608]

Please reply... did you get GC

[sank321]

What did you eventually do? I am in a similar situation with my L1A visa expiring in Jan'19.

Did you get your GC?