Suggestions on I-485 process (I-140 filed under EB1c)

[crypticlight]

Hello All,

I need some suggestions on my case with following details:

* I have an Indian passport and on L1A visa valid until 07/SEP/2018.
* While applying for L1A visa, I was a people manager in India, and was expected to be a people manager in USA too. Hence, my L1A petition was built around that. After moving to USA, lot of things changed within our organization and I ended up being a functional manager.
* Attorney on my case informed that they will initiate L1A visa renewal process somewhere in March 2018. However, this time I should be applying as Functional Manager, and hence bit concerned about the approval.
* My company initiated the process for Green Card earlier this year and our attorney filed my I-140 petition (Overseas people manager and functional manager in USA) on 07/FEB/2017 under EB1C. It was received on 08/FEB/2017 by USCIS.
* My company has a policy of not filing for I-485 concurrently. Per policy, they file for it once I-140 is approved.

Here are my Qs:
1) My visa is due to expire next year and based on current average processing times, I-140 may see some movement around Feb/Mar 2018. If it gets approved then, and I apply for I-485 immediately, how soon can my visa expiry date stop being a concern?

2) I hear that you receive an EAD during the process, probably after you file I-485? If it arrives before visa expiry, am I allowed to stay in USA on EAD even after L1A visa expires?

3) If answer to Q2 is yes, then can I also go out and re-enter USA even after L1A expiry?

4) I know that the rules in my company can be overlooked on case-to-case basis, and so I'm wondering if I should try convince my leaders to initiate I-485 process earlier (before I-140 is approved), if it would help expedite things in any way?

Any other suggestions/info on the process would be greatly appreciated!

Thank you.

[sasvi]

Hello All,

I need some suggestions on my case with following details:

* I have an Indian passport and on L1A visa valid until 07/SEP/2018.
* While applying for L1A visa, I was a people manager in India, and was expected to be a people manager in USA too. Hence, my L1A petition was built around that. After moving to USA, lot of things changed within our organization and I ended up being a functional manager.
* Attorney on my case informed that they will initiate L1A visa renewal process somewhere in March 2018. However, this time I should be applying as Functional Manager, and hence bit concerned about the approval.
* My company initiated the process for Green Card earlier this year and our attorney filed my I-140 petition (Overseas people manager and functional manager in USA) on 07/FEB/2017 under EB1C. It was received on 08/FEB/2017 by USCIS.
* My company has a policy of not filing for I-485 concurrently. Per policy, they file for it once I-140 is approved.

Here are my Qs:
1) My visa is due to expire next year and based on current average processing times, I-140 may see some movement around Feb/Mar 2018. If it gets approved then, and I apply for I-485 immediately, how soon can my visa expiry date stop being a concern?

2) I hear that you receive an EAD during the process, probably after you file I-485? If it arrives before visa expiry, am I allowed to stay in USA on EAD even after L1A visa expires?

3) If answer to Q2 is yes, then can I also go out and re-enter USA even after L1A expiry?

4) I know that the rules in my company can be overlooked on case-to-case basis, and so I'm wondering if I should try convince my leaders to initiate I-485 process earlier (before I-140 is approved), if it would help expedite things in any way?

Any other suggestions/info on the process would be greatly appreciated!

Thank you.

I think that your I-140 will be approved earlier if you have a strong case. A lot of EB1C is taking less than 10 months. There are some with long wait but I am almost sure there is some additional processing needed. You will receive the EAD 2-3 months after filling it together with 485. If you apply for 131, you can leave and return. If you can convince them, it will be better...faster at least. And, last, if you are a Functional manager this can still be applicable. A lot of companies have Functional Area Directors and/or Senior Mgrs that don`t have direct reports. Some organizations just use crazy reporting lines...you can have a strong influence on the direction of a company without people reporting to you or only with dotted lines. There are Directors in my company with only assistants but with a huge influence on strategy and decision. Not sure if this is your case but just sharing this is a possibility.

[crypticlight]

Thank you sasvi. Sorry I was traveling last week so could not respond. I'll explore the early start option and see how that goes.

For I-130, when can that be used.. During 485 processing or earlier too when 140 is getting processed? And is that applicable for my wife who is on L2?