Hi Anil - My L1A 7 years are going to expire in Oct 10 2020, Filing I 140 EBI category now and once approved this can be used to file my extension right … While the GC process is on
Please suggest .
You cannot extend L1A status beyond the 7-year maximum with approved i140.
If you do not get your Green card before your 7th year ends, you can either file for L1A extension using recapturing technique - use all your vacation days spent outside USA to push your 7th year end date further.
You can stay in USA based on pending i485 but can work only if you have received the i485 EAD.
Thanks , So if my I485 is pending and my L1 A expires on 10/10/2020 then I can stay in USA but can only work after the I485 is approved … Can i go to any other country and work and once I485 is approved I can come back .
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Is it feasible to file the concurrent application, What do we mean by concuurent filing and what are the benefits .
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I have 105 days when i was out … Filing extesnion usually it is approved or there are any hicupps .
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If my extesnion is approved say for 4 more months , My spouse can apply for the EAD extension too right .
I am not sure what you mean by ‘concurrent’ in your case context.
EAD can also be extended based on recapture time extention application.
Can i go to any other country and work and once I485 is approved I can come back - Is this true … Concurrent means filing I140 and I485 together . The recent trends and with your experience the stay out of country days they are approved easily or is it tough .
i485 is for adjustment of status within USA.
If you leave USA while Adjustment of status is pending, you may have to opt for consular processing of your Green card.
Talk to your attorney before planning anything like this.
If you do not get your Green card before your 7th year ends, you can either file for L1A extension using recapturing technique - On this topic my 7 year expired on 10/10/2020 … I have spent 180 days out of USA hence would get roughly 6 months extension till April 2021 .
While the extension is provided and I travel outside again from 10/10/2020 would there be second extension possible or no.
Also While I am filing I140 can EAD/AP would be filed along with it … What Actually is EAD/AP and the benefits.
You can file to re-capture time.
i485 EAD (Employment authorization) and AP (Advance parole) can be filed as long as your i485 is pending. It is useful if you are really using i485 EAD and AP.
AP is used to travel outside US and re-enter without any other valid US visa. AP allows you to enter USA based on your pending i485 application.
From your questions, it seems that you want to keep using your L1A. In that case, this EAD and AP are not useful.
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This is Helpful , I am not inclined for L1A status rather GC EAD and AP would be beneficial …
Just to be sure I apply my i 140 now and once approved and I485 is pending then I can apply for GC EAD and AP anytime right … Is there is a link or site to check the processing time for I140 etc …
Is there a processing time for GC EAD and AP too .
Can recapturing process used twice or is it one time only.
You can apply for i485 EAD and AP anytime while your i485 is pending.
One important thing to note if you decide to move on to i485 EAD by leaving your L1A visa status:
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You are allowed to stay in US based on pending i485 but can only work if you have a valid EAD.
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If i485 is denied later for any reason, all your time spent in US after leaving L1A status will be counted as ‘Out of Status’. I know this does not make any sense but that’s how the US immigration law is. You cannot change it.
So, my advise is to stay and maintain L1A status until your i485 adjustment of status to Green card application is finally approved to be on absolute safe side.
I think you can use re-capturing again but it is better than you use it once. For next extension, it is better to use approved i140.
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Perfect Thanks ! The approval via recapturing is given eaisly or there are chances of denial also as well . Hope there is a rule to provide the extension basis the days spent outside USA . What is your feedaback and expereince around this.
Regards ,
Abhinav Dubey
The recapturing is legally allowed. So, no issues there.
Your Employer will have to submit the proofs of time spent outside to count the number of days to re-capture.
Your passport Immigration stamps for going out and entering with i94 would be used.
The process for extension is same as any other extention and goes through same level of scrutiny.
You cannot apply for I-485 until the date is current. As of now it is in 2017 (date of application filing) and it is unlikely that it will become current before 2020. So you will have to leave the country and wait until you can file I-485 through consular processing and get it approved.
OK … Another question how is 7 year calculated for the date of L1a approval in petition /I797 or the date you come to usa … Example - I Joined the company in USA on Nov 5th 2013 and the petition was approved on 10 Oct 2013…
7 years is calculated only on the number of days you stayed in US on L1A visa. Visa extensions, petition dates, joining date etc are not relevant.
If you have stayed less than (7 X 365) 2555 days in US on your visa, you can claim the remaining period as part of an extension request. You can recapture any days you stayed outside US.
You just need to provide the proof by way of passport stamps, I-94, or even travel history extract from CBP website.
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once I140 is approved which means I485 is pending … We can apply for GCEAD/AP immediately right and how how long it takes to get the GCEAD/AP and for how long .
You can apply i485 EAD only if your GC priority date is current.
You can apply for i485 EAD and AP anytime while your i485 is pending. - Quoting the old answer … I thought post I140 approval GCEAD and AP can be applied while I485 is pending… Also if the I485 is current the GC would process and come in time right .