EB1 filing and I-94 expiry

Asked about 1 year ago - Indianapolis, IN

I am on L1A and my I-94 is expiring in 15-Dec-2013. My company is planning to file my GC under EB1 category in Aug / Sep 2013 timeframe. I think it is logical to think that GC processing will go beyond 15-Dec-2013. My query is can i stay and work beyond 15-Dec-2013 or I have to go out of country. If I have to go out will my application be withdrawn.

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    8

    Lawyers agree

    Answered . That depends on who they would proceed with filing. Direct this question to the company's attorney.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Miroslava Orduno Rincon

    Contributor Level 14

    4

    Lawyers agree

    Answered . The I-140 filing is one thing, and your L-1A is another. In order to remain and work in the United States, you must maintain lawful nonimmigrant status at least until you receive your Employment Authorization Document, which is part of the Adjustment of Status filing.

    Some of my recent EB1 filings have been approved in about a month, much faster than reported processing times. However, not all have been approved so quickly. The rest have taken 4-6 months.

    Your employer MAY need to file an extension of your L-1A if your I-140 is not approved within the next few months or may consider filing your AOS while your I-140 is still pending.

    As always, a conversation with your immigration attorney is far more appropriate and condusive to results than asking attorneys who have no control over your case.

    This information is provided as a courtesy based upon the limited information provided in your post and does not... more
  3. J Charles Ferrari

    Contributor Level 20

    4

    Lawyers agree

    Answered . To remain in the US and work, you must be in valid L-1A status.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Lalita Haran

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You need a valid L1 status or employment authorization (this comes after a stage in the greencard process) to continue to work. Somethings can be timed. Check with the attorney who is helping you. Best Wishes!
    Lalita Haran
    Attorney: Immigration Law
    13295 Illinois St Ste 128
    Carmel IN 46032
    Ph: (317) 660-6174
    www.haranlaw.com

    Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general... more

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