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Need information on green card processing under EB1

San Francisco, CA |

I am staying in the US on L1A since 2005 and hit my 7 years in November 2012 . My I-94 expires in Jan-2015 while the visa is valid till Jan-2013. The petition is blanket with no expiry date. My company is applying for my green card now (under EB1 with both I-140 and 485 filing concurrently).

1. Do I have to still leave the US when my 7 years complete in Nov'12 or I can stay as long as 485 decision is awaited. Will my company have to apply for L1A extension in this case?

2. If I leave the country after I-140 approval but 485 is pending. Can I re-enter the US upon extended petition. If not will 485 processing still continue as is tor I will have to opt for consular processing abroad? Whats the lead time for CP?

3. Can EB1 apply for premium I-140 processing?

Attorney Answers 2

  1. You can remain until you receive a decision on the I-485, and can work using your EAD (employment authorization document). There is no premium processing for transferring managers.

    This is only a preliminary response to an inquiry, based on incomplete information. Helpful advice and counsel can only be provided after you have discussed your case with Mr. Bach, he is familiar with all of the circumstances of your case, and the advice is provided in writing. Any opinion provided here should not be relied upon for any purpose. No attorney/client relationship is formed until you have formally retained our law firm to represent you. We are not responsible for any action or lack of action you take based on this preliminary response.

  2. You can stay until USCIS issues a decision.

    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.

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