I140 approves. L1 visa expiring in May 2019. can I file only EAD?

[raghu.iyengar]

My EB1 I-140 is approved. My L1 vida is expiring in May 2019. I am still waiting to file the i485 as it is not current . Can anyone please help me with answers for
1. Can I file for EAD alone and be in USA based in i140 approval?
2. Assuming priority date will be current in next few months, Can I continue to stay and work beyond May 2019 based on the i485 filing?

Thanks

[SFNBCOCT17]

You can only apply for an EAD when the I485 is pending. Once the retrogression is over in Oct, file the 485 and 785 concurrently and hopefully you will get you EAD in 3 months or so which you can then use to continue working in the US.

[JosephTheDreamer]

My EB1 I-140 is approved. My L1 vida is expiring in May 2019. I am still waiting to file the i485 as it is not current . Can anyone please help me with answers for
1. Can I file for EAD alone and be in USA based in i140 approval?
2. Assuming priority date will be current in next few months, Can I continue to stay and work beyond May 2019 based on the i485 filing?

Thanks

Hi,

This is my opinion:

1. No. Once your PD becomes current, you can apply for EAD.
2. Assuming your PD becomes current in October, you can apply for I 485, EAD and Advance Parole together.
If you can get your EAD before May 2019, you will be able to work. Else you cannot work post May 2019.
You can submit an expedite request around Jan 2019 and check
Regarding your stay:- I think you can continue to stay while I 485 is pending still a decision is made.