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**scientist2016** · 02-12-2018, 11:22 AM

Originally posted by kolbo View Post

Folks: need advise.

My L1A visa and I94 are expiring on Feb 28. My company is filling my extension in normal category. My immigration team was advising that once the receipt number is available two weeks after filing extension, they will use that number to file my green card in EB1 category.

My doubt is - can a green card be filed based on a L1A extension petition on which decision is pending ? Please advise.

Or should my company file my GC based on the existing L1A visa that is due to expire on Feb 28?

Thank you in advance.

GC and L1 are two separate things. One is not "based" on the other. EB categories requires that the beneficiary have a legal status at the time of filing, if filing I485 (AOS). Hence, your immigration team probably meant that they will wait until after the extension petition is filed to handle your GC petition, since in the case of EB1 I140 and I485 can be filed concurrently. If your GC paperwork is ready they can file it even today.

**newacct** · 02-12-2018, 03:34 PM

Originally posted by scientist2016 View Post

EB categories requires that the beneficiary have a legal status at the time of filing, if filing I485 (AOS).

For employment-based categories, they can be out of status for less than 180 days since the most recent admission.

**scientist2016** · 02-12-2018, 09:04 PM

Originally posted by newacct View Post

For employment-based categories, they can be out of status for less than 180 days since the most recent admission.

Yes, that is true. So as newacct pointed out there is no real legal stipulation for waiting to file your GC paperwork.

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