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EB1 filing and I-94 expiry

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 If I have to go out will my application be withdrawn.

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Attorney answers 4


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 constitute an attorney-client relationship.


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

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


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

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.


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

Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.

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