My L1B expires on 18th Apr 12. My lawyers did a concurrent filing for me on 13th Feb 2012 in EB1 3 category. This means I have a pending I-131, I-140, I-765 & I-485. Since it seems like I will not be receiving my EAd before my visa expires, I will not be able to work for my current employer and my employment will have to be terminated.
1) How long can I stay in USA on a pending I-485 and without a job i.e. without EAD?
2) Will I be a legal immigrant if I am not working in USA with pending AOS?
3) Will my I-485 application be affected by not having the job in hand?I have a few more questions: 1) Is it true that USCIS have to make a decision for EAD within 90 days for EB1 3 category applications? 2) If I do not get a decision on EAd within 90 days then is there a possiblility of getting an interim EAD? 3) If we get an RFE then does the 90 day clock resets itself? 4) What is the difference between EAD and I-140? 5) What happens in each case if any of my documents are rejected and what are the options left with me then? 6) If I get my advance parole documents in 90 days then can travel without hurting my case? If yes, then for how long can I stay out of USA consecutively? Also can I enter back in the United States on pending I-485 but no job? 7) Is there a possibility of filing a H1B Visa or extension of L1 visa now?
You should be asking your lawyer these questions.
1. You don't need an EAD to be legally in the US. Your I-485 receipt is enough.
3. talk to your lawyer ... see if your employer will be flexible enough to give you a leave of absence.
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You need to talk to your lawyers. Perhaps they can file for an extension of the L and you can continue to work. Otherwise you should be ok not working and just waiting for the EAD for a few weeks. No affect on the 485 if you do not violate status.
1. It depends on the basis for the I-485. If it is employment based, you are expected to be working.
2. It depends on the basis for the I-485. If it is employment based, you are expected to be working.
3. See 1 and 2 above.
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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