Advance Parole

[rlima]

Hi,

Please,could you help me with a doubt?

I had a L1 visa for 3 years and I have filed the I 485 before my I-94 expired at same time i did the application for the extension for my L1. Now my I-94 expired I got my extension denied and my I 485 still pending status.

With this situation could I apply for Advance Parole to be able to travel ?

During my pending status on my I 485, may I apply again for a new L1 ?

What I need to do to be able to continue to work ?

If you know, please send me some information.

LCR

[txh1b]

If you have a pending 485 in process, you can apply for EAD and to continue working, you need to have the physical card in your hand. Until then, you have to stop working.

You can have your employer apply for a new L1. What is the reason for L1 extension denial?

You can travel on Advance parole and leave the US only after it gets approved.

[rlima]

L1 refile

Dear Txh1b,

Thank you for your answer.
I called my attorney and they told me that we have filed I140 which is pending and they are filling for 485 this week. They explained me that I have 6 months after my I94 expires to file the 485 protected by Law K2... Is it correct....

As I told my I94 experied on March 2008 and I got my extension was deined this month. We filed I140 before my I94 expire and now we are filling for I485. I am legal to saty here in US...

The reason for the denial was because the missundertood the numbers of emploees of the my country corp with the US company. And then others issues that is not correct as my company is in not in a business area, but it is. For this reason we will refile for the extension again instead appeal. Is it correct...

Thanks,

LCR

If you have a pending 485 in process, you can apply for EAD and to continue working, you need to have the physical card in your hand. Until then, you have to stop working.

You can have your employer apply for a new L1. What is the reason for L1 extension denial?

You can travel on Advance parole and leave the US only after it gets approved.

[txh1b]

I am not aware of the K2 law. There is a 245k that allows for small out of status period to be covered. But if you have not filed the 485 yet, you will be accumulating illegal presence until the new L1 is approved (which will not be an extension of stay as your I-94 expired) which will require you to travel out and re-enter.

It is getting complicated as your I140 is pending and your 485 is not been filed. As per your OP, I thought the 485 was filed. Discuss your case with a legal professional for a second opinion other than your current attorney.

[rlima]

As I have my I140 filed ( before my I94 expired ) and pending approval, it allows me to file for my 485 even with my I94 experied 2 months ago ...

If ok, when they accpet my 485 file then I will be pending status, it is meant that I will be leagl and will not accumulating any illegal presence here. Is it correct...

I am not aware of the K2 law. There is a 245k that allows for small out of status period to be covered. But if you have not filed the 485 yet, you will be accumulating illegal presence until the new L1 is approved (which will not be an extension of stay as your I-94 expired) which will require you to travel out and re-enter.

It is getting complicated as your I140 is pending and your 485 is not been filed. As per your OP, I thought the 485 was filed. Discuss your case with a legal professional for a second opinion other than your current attorney.

[txh1b]

Filing of I140 has no significance for your issue here. Filing of 485 means a lot more than filing of I140. What is your PD and category?