Stay in USA when visa status is pending and GC is in concurrent process

My employer submitted my visa extension on Nov 2020 where its been 210 days now with pending status. Meanwhile my employer summitted my GC in concurrent process on May 2021. Incase if my visa extension delays further and i am crossing 240 days. Can i stay legally as my GC filled? or will it impact my I 140 process? please confirm.

FYI, its my 5th year of stay in USA with L1 visa. Please advise.

Are you L1A or B? Till what date is your extension requested?

Is it I140 & I485 both concurrent?

Hi Kalpesh,

Thanks for your response. yes both I 140 and 485 are concurrent.

I am on L1 A, Can i move to premium process for L1 A as i have exceeded 214 days? incase if i get rejection can i stay without working as my AOS in process? Please advise.

You should have done this way ahead of time but you can still go ahead and request premium processing. You will need to stop working after 240 days if your L1A is still pending after 240 days.

Yes, you will be in pending AOS status and can stay legally in the US but not work. You can start working on AOS EAD if your GC is delayed. You are lucky that EB1 is current for India at this point.

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Thanks a lot Kalpesh,
you made my mind little peaceful :slight_smile:

You have mentioned that i can stay even if my visa get rejected but should not work. But my I 140 also in process and not yet approved. Hope still i can stay incase of rejection. Please confirm.

Also i got my H1 cap this year. can i submit H1 document in parallel along with my L1 premium as June 30 is the last date? or will it confuse my L1 visa and AOS status? Please advise.

There is an advantage with concurrent filing which is you are in AOS pending status till either your I-140 is denied (for whatever reason) or is approved and you get your AOS approved too. So to answer your question, even if your I-140 is not approved, because your PD is current you were eligible for AOS filing and once filed you are in AOS pending status. So if your L1A EOS is denied for some reason you will still be in a legal status.

Is it the same employer?
As such H1B & L1 are different applications and can be processed in parallel. Even if you submit your H1B documents, L1A via PP may be approved before H1B and so you will be in L1 status before your COS to H1B is approved.

You should only apply for H1B if you are ok switching to H1B from L1 if the H1B COS gets approved.

Check with your company attorney if the above will not create any issue with your AOS application if you change from L1A to H1B as your AOS is applied under EB1 based on L1A.

If I were you, I would wait for L1A EOS and the AOS processing. If your L1A was approved earlier, your EOS application should be approved and you also have high chances for AOS approval.

You should immediately apply for PP for your pending L1A EOS application.

Thanks a lot Kalpesh,

I had a conversation with my immigration team, they are suggesting to not proceed with L1 A premium. Because incase of denial it will have impact to my GC process. Is it true? i thought visa and GC are two sperate track. Please clarify.
Also incase of RFE for premium what is the timeframe to response and how long it will take to know the status?

Any idea on the current approval rate of L1? i think mostly its getting approved now a days.

I completely understand my h1 will create confusion, but when both L1 & AOS status are unknown, thought of proceeding with H1 as June 30th is the last date in parallel and can withdraw it later once i know EAD/L1 approved. But immi team said that will be a record and it will again create confusion.

Incase if my h1 get approved, L1 will be cancelled or will i have a choice? please clarify.

You should follow your attorney’s guidance. May be they are thinking that PP may invite an audit/RFE with your L1A. Is this your EOS application for L1A or an upgrade from L1B to L1A? Please clarify what is the basis for your L1A application?

The RFE you receive will state the time to respond, typically between 30 to 90 days based on the RFE. After the RFE is submitted, USCIS normally takes action within 30 to 60 days but it could take more based on their workload.

No idea on approval rate but if the L1A application is supported by proper documentation and fulfills all the requirements, it should be approved. I had my colleague who came on L1B in Dec 2018, upgraded to L1A with proper documentation and got L1A approved last year.

If your H1B COS is approved, your L1A status will expire.

Hi Kalpesh,

I traveled as L1 A blanket and moved to L1 A Individual during 2018 and this is my 2nd extension on L1 A and i have completed 4.5 years and i was not part of any other L1B/H1 so far.

Then I am not sure why your attorney are not wanting to do premium processing. You already have approved L1A which brings down the risk of RFE with your EOS application.