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Please help! EB3 India, L1B RFE,

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  • Please help! EB3 India, L1B RFE,

    Hi All,
    Please advise if you have some insight. Below is my situation:

    Category EB3, India
    Priority Date: Sept-2012
    L1B Visa/I94 expired in July 2020
    Applied for extension and got RFE which is due on 5th Nov 2020 (Including 60 days grace period)

    My Question is:
    1. If I file i485 (along with EAD) and get receipt notice and my L1 denied, Can I continue to be in USA?
    2. What would be my status between RFE denied date and till I got my EAD approval?
    3. If my i485 is in pending and L1 is denied, Can I continue to work?
    4. I am missing my I140 approval notice and requested USCIS for this (But may take time). Is there any alternative doc I can submit like screenshot of my approval number from case status online site?

    Thanks in advance for the help.

  • #2
    I think as you apply for 485 before final decision on L1B, you should be fine and can stay. However you can only work when you receive EAD.
    If you get L1B approved then there is no issue.
    You should be covered under 180 days of rule

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