I - 485 filling while the extension is in progress

[meetranganathan]

Hi,

Can anyone suggest what are the options i have, below is my current situation

1) I have approved i-140 in EB1 C
2) I expect my priority date will be current by October 1st
3) My current I-94 was expired on 08/23 and I applied for my L1a extension in normal processing
4) I don't want to move to premium and I am assuming it will take more than 6 months to get any status on my extension
5) My spouse and kid got struck in India and their L2 visa got expired on 08/23

I am looking for clarifications on the below questions

1) Can i file I-485 while my family is not currently in USA
2) What are the options I have to bring back my family while my i-485 is in progress
3) What will happen if my L1A extension got denied and i-485 is in progress

Thanks in advance

[newacct]

1. yes
2. they can only come on L2 visas once your L1 extension is approved
3. nothing. As you are in an employment-based category, you are eligible for AOS as long as you have not been out of status or working illegally for more than 180 days since your most recent admission, according to INA 245(k). The count of days out of status stops when AOS is filed. So as long as you do not work illegally after that, it will be less than 180 days.

[meetranganathan]

Thanks for your reply.

One more question. If file my 485 now and my family is coming back to usa by early next year.. can I file the 485 for them at that time ?

[gafear]

Talk with a lawyer. I don't think you can file for their 485 separate, they will need a separate 485 family based later after you get a green card. Why don't you want to use premium? Just get it done your family gets the L2 and problem solve

[newacct]

Thanks for your reply.

One more question. If file my 485 now and my family is coming back to usa by early next year.. can I file the 485 for them at that time ?

Yes, if they can come in at that time and if a visa number is still available for your category and priority date at that time (i.e. it has not retrogressed).