L1A Expiring in the middle of Covid19 crisis

[Mark Brennan]

The answer maybe wait and see but wanted to get some advice from the crowd...

- UK passport holder, currently on a L1A with spouse, sponsored by international company
- Residing in USA currently with L1A expiration end of June
- was working with immigration attorney’s (who have gone silent) who recommended I visit Canada / Belfast embassies due to London Embassy having a high rate of rejecting L1As recently and not wanting to take the risk
- pregnant wife unable to travel to we were planning on me getting a renewal Mid-May and she would get an extension on my return (and finalise next time we leave the country)
- now with Covid 19 blocking Canada border and expected more restricted travel, I’m wondering what my options are when my visa expires end of June.

all thoughts welcome

[irenyc]

I am in a slightly similar boat to you. Irish passport holder, applied for green card last year and was due to have final interview March 31st but now USCIS offices are closed and I don't know when they'll reopen. I'm on an L1-B visa expiring in June and had not considered renewing visa since GC was almost complete. I still don't have EAD/AP approved, I might be able to expedite my EAD. Could you apply for GC and see if you can expedite your EAD approval (form I-765)?

[Libra_14]

- Residing in USA currently with L1A expiration end of June
- was working with immigration attorney’s (who have gone silent) who recommended I visit Canada / Belfast embassies due to London Embassy having a high rate of rejecting L1As recently and not wanting to take the risk
- pregnant wife unable to travel to we were planning on me getting a renewal Mid-May and she would get an extension on my return (and finalise next time we leave the country)
- now with Covid 19 blocking Canada border and expected more restricted travel, I’m wondering what my options are when my visa expires end of June.

Just to provide you better feedback, is your visa expiring soon or your petition expiring?

If your visa is expiring, you don't need to worry, you don't need visa to continue living in USA - you need a valid & approved petition.

If your petition is expiring, then too you don't need to worry, you can get it extended while living in USA - unless you are completing 7 years of your stay in USA.

[Libra_14]

I am in a slightly similar boat to you. Irish passport holder, applied for green card last year and was due to have final interview March 31st but now USCIS offices are closed and I don't know when they'll reopen. I'm on an L1-B visa expiring in June and had not considered renewing visa since GC was almost complete. I still don't have EAD/AP approved, I might be able to expedite my EAD. Could you apply for GC and see if you can expedite your EAD approval (form I-765)?

You need to provide more details (date of visa, petition, I140, I485 etc), see comment above.

[Mark Brennan]

Just to provide you better feedback, is your visa expiring soon or your petition expiring?

If your visa is expiring, you don't need to worry, you don't need visa to continue living in USA - you need a valid & approved petition.

If your petition is expiring, then too you don't need to worry, you can get it extended while living in USA - unless you are completing 7 years of your stay in USA.

To be clearer, my petition end date is this June but my visa expires 2025.

but can I continue to work beyond the petition date if I remain in the USA?

[irenyc]

You need to provide more details (date of visa, petition, I140, I485 etc), see comment above.

I'm on a blanket petition, which actually expired in 2017 but was since renewed. So my visa says PED 11/2017, this has caused me some issues entering the US once or twice but I've always been allowed enter. My visa expiry date is end of June 2020.

I applied for I-140, I-485, I-131 & I-765 last July.
My I-140 was approved in November 2019, got RFE for I-131 because I left the country numerous times. I-765 still not approved, possibly because of RFE on I-131.

GC interview was scheduled on 3/31 but got cancelation notice due to Covid-19

[Libra_14]

To be clearer, my petition end date is this June but my visa expires 2025.

but can I continue to work beyond the petition date if I remain in the USA?

No., Visa is merely for entry purpose, A visa does not give your authority to work. You can freely travel in & out of USA till 2025.

You need an valid petition during your whole stay in USA to continue working. You need to file for petition extension before your petition expiry date of June 2020.

Your I94 defines how long you can stay within USA. Petition renewal will also renew your I94.

Though, all 3 dates are usually same, but it can be different for someone.

[Libra_14]

I'm on a blanket petition, which actually expired in 2017 but was since renewed. So my visa says PED 11/2017, this has caused me some issues entering the US once or twice but I've always been allowed enter. My visa expiry date is end of June 2020.

I applied for I-140, I-485, I-131 & I-765 last July.
My I-140 was approved in November 2019, got RFE for I-131 because I left the country numerous times. I-765 still not approved, possibly because of RFE on I-131.

GC interview was scheduled on 3/31 but got cancelation notice due to Covid-19

You can stay in USA, since your i485 is pending.

But you need either a valid petition or EAD in your hand to continue working - so you can stay in USA, but cannot work after June 2020. I guess you cannot file for extension as you've already spent around 5 years on L1B.

Better to open your own thread, for better discussion.

[sandeeps207]

Hello,

I'm currently on L1A visa and my employer filed an extension last year May 2019 and in between I-94 got expired in Sep 2019 last year. i got RFE last week and planning to submit RFE response.

Primary
I-94 validity - Sep 2019
240 Max out period end - Apr 2020

Dependent
I-94 validity - Aug 2019
240 Max out period end - 30 Mar 2020

1. Is dependent allowed to stay beyond their maxout period when Primary beneficiary yet to reach his max out period?

2. In this situation, if beneficiary crosses his max out period, will he be allowed to stay in US beyond the maxout date? Max out period end on 30 Apr 2020

Please advise.

[Libra_14]

Primary
I-94 validity - Sep 2019
240 Max out period end - Apr 2020

Dependent
I-94 validity - Aug 2019
240 Max out period end - 30 Mar 2020

1. Is dependent allowed to stay beyond their maxout period when Primary beneficiary yet to reach his max out period?

2. In this situation, if beneficiary crosses his max out period, will he be allowed to stay in US beyond the maxout date? Max out period end on 30 Apr 2020

Better to open your own thread, instead hi-jacking other's thread.

First, 240 days rule is for main petitioner to work for 240 days more after expiry of their petition expiry date. Even the main petitioner can stay beyond 240 days, but cannot work.

240 days rule is not for dependents. They can stay until a decision is made on their extension application.