L1 to I-485 question- needs advice

[shetzy]

Hi All,

Sorry if it is long but I keep getting different answers and it is critical time for me as my I-94 will expired on August 1st.
I am currently on L1A (+ Wife on L2) visa for almost 3 years. Will expired on August 1st.
Apply for I-485 (October 2018) and my case is scheduled to interview on June 28 - so I'm waiting to receive the date.
On May 1, we received EAD cards (me and my Wife) for 1 year (expires 4/30/20)
During the time I was waiting for the I-485 (and since I'm managing a company that could not stay without a manager), I applied for L1A extension (I-129) that was approved for additional 2 years (Valid from 8/2/19 to 8/1/21).
I believe (and hope) that my interview will be in the next months. But it seems that my I-94 will be expired before.
Finally, my questions...
1. I've been told that the L1 extension allow me to stay without going out to stamp my passport. However, If I would like to travel out- then I must get my passport stamped prior coming back (done in my country consulate, along with interview). Is this true? and I can stay in the US even that my I-94 expires?
2. If the answer for the previous question is that I can stay in the US, What about my wife? she has L-2 and her name does not appear on the I-129- Only my company name and myself.
3. Last question- does the EAD allow me to stay in the US as long it is valid? (longer then the I-94).

I just read that I will need to provide the I-94 on the interview.
Wasn't planing to travel out for the L1 extension as it is close to the Green Card (hopefully) approval- BUT cannot take any risks..

Thank you VERY VERY much for any help!

[Enub4]

You don't need to travel. Don't worry about your I-94, you don't have to renew it for your interview.

In our case we filed I-539 to extend the dependents visas. Don't know if L2 can file I-539. Anyway, you don't need to file extension because you already are in AOS and your interview will be during the first half of August. If your PD is current in August they can approve your GC on the spot.

The EAD is valid while AOS still pending.

[newacct]

If Extension of Status was approved along with your L1 petition extension, you should have gotten an I-797A approval notice which contains a new I-94 along with it. If Extension of Status was not approved, you would have gotten an I-797B approval notice for just the petition approval.

If your wife wants to extend her L2 status, she would have to file I-539 herself to apply for Extension of Status. (That is assuming your L1 status is extended.)

As you guys have I-485 pending, you guys can stay in the US for as long as it is pending even if you don't have status (whether you have an EAD is irrelevant; EAD is only about work authorization). So in that sense you and/or your wife do not need to extend status if you don't want to. If you guys didn't have status, you guys would work on EAD and would only be able to leave the US after getting Advance Parole. (On the other hand, L1/L2 can leave and return to the US without abandoning I-485 even without Advance Parole.)

[shetzy]

You don't need to travel. Don't worry about your I-94, you don't have to renew it for your interview.

In our case we filed I-539 to extend the dependents visas. Don't know if L2 can file I-539. Anyway, you don't need to file extension because you already are in AOS and your interview will be during the first half of August. If your PD is current in August they can approve your GC on the spot.

The EAD is valid while AOS still pending.

Thank you very much. She did file I-539 but we haven't received answer yet.

[shetzy]

If Extension of Status was approved along with your L1 petition extension, you should have gotten an I-797A approval notice which contains a new I-94 along with it. If Extension of Status was not approved, you would have gotten an I-797B approval notice for just the petition approval.

If your wife wants to extend her L2 status, she would have to file I-539 herself to apply for Extension of Status. (That is assuming your L1 status is extended.)

As you guys have I-485 pending, you guys can stay in the US for as long as it is pending even if you don't have status (whether you have an EAD is irrelevant; EAD is only about work authorization). So in that sense you and/or your wife do not need to extend status if you don't want to. If you guys didn't have status, you guys would work on EAD and would only be able to leave the US after getting Advance Parole. (On the other hand, L1/L2 can leave and return to the US without abandoning I-485 even without Advance Parole.)

Thank you!

[Dun021]

Hi All,

I believe (and hope) that my interview will be in the next months. But it seems that my I-94 will be expired before.
Finally, my questions...
1. I've been told that the L1 extension allow me to stay without going out to stamp my passport. However, If I would like to travel out- then I must get my passport stamped prior coming back (done in my country consulate, along with interview). Is this true? and I can stay in the US even that my I-94 expires?
2. If the answer for the previous question is that I can stay in the US, What about my wife? she has L-2 and her name does not appear on the I-129- Only my company name and myself.
3. Last question- does the EAD allow me to stay in the US as long it is valid? (longer then the I-94).

I just read that I will need to provide the I-94 on the interview.
Wasn't planing to travel out for the L1 extension as it is close to the Green Card (hopefully) approval- BUT cannot take any risks..

Thank you VERY VERY much for any help!

1. If you go out of US, you will need a visa stamping unless you decide to return based on your EAD/AP combo card. Your I-94 (which would have been given based on your L1 extension) will expire the moment you leave US. I fyou don't leave US, no need for any stamping. My case was exactly the same. I did not leave US post extension. The I-94 you have received with you L1 extension determines your stay validity in US if you don't leave, nothing else.
2. I don't understand this. When you applied for your L1 extension, your dependents should have been included in the petition. If so, then they would have received a extended I-94 and can stay. Not sure if that did not happen.
3. Yes. However, my company expects me to maintain my L1 status while GC processing is going on. So I have to keep applying for L1 extensions. However, there are some colleagues who had L1 rejections and decided not to apply for L1 extensions for fear of getting rejected. They are able to stay on based on their AP (Advance Parole) and work based on their EAD with no issues.

I was asked to provide my extended I-94 + L1 petition approval during my interview. This is the reason my company expects us to maintain our L1 status during GC processing. Luckily my interview happened after I got my exteneded I-94.

Hope this helped you.