Mass Panic - Green Card Status Change - Impact of Previous Visa Issues

[Timbothebimbo]

Hi all,

Upon entry back to the US from an Overseas trip, I found that while my L1a and i94 are still current, my employer hadn't resubmitted an extension to my i-129s meaning that I can't work for them in the US until it's re-submitted.

I'm going to be leaving the US and reapplying for a L1a and submitting a new i-129s but my concern is that when it comes to applying for a change of status to an employer sponsored green card, will the fact that i've been working on an expired i-129s impact the chance of approval?

No matter how I look at the situation, I've breached my current Visa agreement and embarrassingly enough, it's not by a week or 2, it's been expired for 8 months.

I'm even concerned that the L1-a won't be approved because of the length of breach.

If a green card is off the table in the future, I can't see any reason to re-file the L1a and will probably return back to Australia or try to transfer to an E3 until the end of the year so i can finalised my residential situation.

Any thoughts?

[inadmissible]

Adjustment of status requirement that you be in status is measured from the most recent entry

I don't understand what you meant by your I-94 being current, yet you worked 8mo without authorization

[newacct]

Adjustment of status requirement that you be in status is measured from the most recent entry

I don't understand what you meant by your I-94 being current, yet you worked 8mo without authorization

Any amount of being out of status or unauthorized employment from any past trips bars one from Adjustment of Status. However, for people in employment-based categories, INA 245(k) exempts them from all of those bars as long as the person has not been out of status or doing unauthorized work for more than 180 days since the most recent admission.

[Timbothebimbo]

Adjustment of status requirement that you be in status is measured from the most recent entry

I don't understand what you meant by your I-94 being current, yet you worked 8mo without authorization

My i94 doesn't expire until Aug 2018
My i-129s expired in August 2016

- - - Updated - - -

Any amount of being out of status or unauthorized employment from any past trips bars one from Adjustment of Status. However, for people in employment-based categories, INA 245(k) exempts them from all of those bars as long as the person has not been out of status or doing unauthorized work for more than 180 days since the most recent admission.

Thanks for this information - looks like even with INA 245(k) I exceed the 180 day grace period.

[inadmissible]

You were granted admission with an expired L petition?

[newacct]

When is the expiration date of the endorsement on your I-129S?

[Timbothebimbo]

When is the expiration date of the endorsement on your I-129S?

The expiration was Aug 18 2016 - I don't believe i should have been granted re-entry.

I also don't believe a new L1a visa would be approved because the 180 day grace period for the violation has now passed.

I'm certainly not feeling very confident at the moment.

[newacct]

The expiration was Aug 18 2016 - I don't believe i should have been granted re-entry.

I also don't believe a new L1a visa would be approved because the 180 day grace period for the violation has now passed.

I'm certainly not feeling very confident at the moment.

There's seems to be a lot of confusion about how long people on L-1 blanket petitions are allowed to stay and/or work -- whether it's the I-129S endorsement date (note: this is different from the expiration date of the underlying L-1 blanket petition) or the I-94 expiration date. I can't help you on that.

I don't see any reason why you would be denied a visa. The 180 days I mentioned was only about the 245(k) exemption for AOS purposes; it has nothing to do with being granted a visa. I can't say what the visa officers will consider.

If you are leaving the US anyway, the 245(k) clock will reset. It's only if you stay in the US and apply for AOS without leaving that there is a question of whether you were in status and/or authorized to work for 245(k) determination.

[Timbothebimbo]

There's seems to be a lot of confusion about how long people on L-1 blanket petitions are allowed to stay and/or work -- whether it's the I-129S endorsement date (note: this is different from the expiration date of the underlying L-1 blanket petition) or the I-94 expiration date. I can't help you on that.

I don't see any reason why you would be denied a visa. The 180 days I mentioned was only about the 245(k) exemption for AOS purposes; it has nothing to do with being granted a visa. I can't say what the visa officers will consider.

If you are leaving the US anyway, the 245(k) clock will reset. It's only if you stay in the US and apply for AOS without leaving that there is a question of whether you were in status and/or authorized to work for 245(k) determination.

Thanks for this information - is there any impact on the new L1a application from the prior breach of the i-129s dates?

[inadmissible]

See October 8th 2015 memorandum by AILA & Dept of State joint liason committee regarding 22CFR41.54

Note it does not conform to CBP position that they have ultimate authority to determine duration of authorized stay