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I am on L1A and my 7 years in the USA will expire in My 2013. Do I have enough time to go for a Green Card on Eb1?

Middletown, CT |

1. Can I stay and work for the same employer if I get my I-140 approved prior to May 2013 while I-485 is pending?
2. Or Do I need my EAD approved as well to work for my current employer?
3. Would concurremt processing of I-140 and I-485 help me here so that i don't have to leave US and still can continue to work for my employer until I get I-140 and I-485 approved even after May 2013?

Attorney Answers 4


  1. You need to file I-485 concurrently with an I-140 and must obtain EAD before the expiration of your L-1 status in order to maintain employment authorization. It takes about three months from filing of I-485 to get EAD.


  2. 1. Yes.
    2. Have current employer file for I-140 ASAP, and you file concurrently the I-485 AOS application, together with then I-765 EAD: the EAD will take 3+ months to issue, thus plan accordingly so that there'll be no interruptions in your employment.
    3. Absolutely yes. See my answer 2 above.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. 1. Yes
    2. Yes
    3. Yes.

    Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. Filing a concurrent EB1 petition along with an application for adjustment of status will allow you to remain in the U.S. after your I-94 expires so long as the applications continue to remain pending. Whether this is a viable option for you will, of course, depend upon the specifics of your case. Consult with an experienced immigration attorney for case specific advice.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation.

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