Can i stay in US if my I-140 & I-485 is filed in parallel

[raju146159]

Hi guys. My L-1B visa got expired and company filled for my extension recently. Also my GC process is happening in parallel. After my PERM approval, my company will file I-140 & I-485 in parallel using cross charegibility. Do i still need a valid L1 visa at the time of filing I-485, i heard after I-485 , it takes 6 months approximately to get a green card.

[ldinh91]

Hi guys. My L-1B visa got expired and company filled for my extension recently. Also my GC process is happening in parallel. After my PERM approval, my company will file I-140 & I-485 in parallel using cross charegibility. Do i still need a valid L1 visa at the time of filing I-485, i heard after I-485 , it takes 6 months approximately to get a green card.

You should maintain legal status until your I-140 gets approved (or when you receive your EAD). I think greencard process through work is affected by retrogression right now, so I don't know if your case will be affected or not.

[raju146159]

Thanks for your response. So as per your response i need to maintain L1 till i secure my I-140 right. But what happen after that ? . Say for example Covid -19 situation got better and they started accepting i-485 application, do i need a L1 visa at the time of applying my I-485 ? Without L1 visa in hand how can they adjust my status ?. I was under impression that i i need to have a valid visa untill you secure a GC

[newacct]

Hi guys. My L-1B visa got expired and company filled for my extension recently. Also my GC process is happening in parallel. After my PERM approval, my company will file I-140 & I-485 in parallel using cross charegibility. Do i still need a valid L1 visa at the time of filing I-485, i heard after I-485 , it takes 6 months approximately to get a green card.

You do not need to maintain status after filing I-485, and this is true for all categories. However, if you stop working for the petitioning employer, they will likely withdraw your I-140, and whether that affects your I-485 depends on whether your I-485 has been pending for 180 days. If it hasn't been pending for 180 days, and the petitioner withdraws the I-140, it kills your I-485. But if your I-485 has been pending for 180 days, and the petitioner withdraws the I-140, your immigration case can continue as long as you continue to work in a similar job (on EAD, L1, H1b, or whatever).

[raju146159]

Oh ok understood clearly really thank you so much for your response. This was very helpful.