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L1 A extn and GC

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  • L1 A extn and GC

    Hello Team

    My L1A Visa and I94 is expiring on 29 Jul 2014 . My spouse has I94 till Jul 2016... My employer will file GC in EB1 Category by Early July (not possible to prepone)
    Here are my questions:

    1. I have an option of filing my L1-A extention now and going by trend L1 generally gets into RFE and attimes denial ..
    Is it wise that I travel to Mexico to friend's place over weekend and return with a hope that Immigration Officer issues me I94 at a date later than Jul 2014?
    This way I can stay in US and delay filing of my L1 A Extension and buy some time to get atleast EAD on time for me to manage situation ..

    2.If above doesn't sound good, WHEN you would advise me to file L1 A extension so that I can buy some time before getting RFE and god forbid ultimate denial..
    Would June end be good (1 month before I94 expiration).. If L1 A extention's case scrutiny to RFE to utlimate denial takes 3 months , I will have 2 more months after VISA expiry to stay with a hope I will have my GC or atleast EAD by then..

    Appreciate quick response /guidance to above 2 question..Thanks

  • #2
    Originally posted by Bobby19 View Post
    Hello Team

    My L1A Visa and I94 is expiring on 29 Jul 2014 . My spouse has I94 till Jul 2016... My employer will file GC in EB1 Category by Early July (not possible to prepone)
    Here are my questions:

    1. I have an option of filing my L1-A extention now and going by trend L1 generally gets into RFE and attimes denial ..
    Is it wise that I travel to Mexico to friend's place over weekend and return with a hope that Immigration Officer issues me I94 at a date later than Jul 2014?
    This way I can stay in US and delay filing of my L1 A Extension and buy some time to get atleast EAD on time for me to manage situation ..

    2.If above doesn't sound good, WHEN you would advise me to file L1 A extension so that I can buy some time before getting RFE and god forbid ultimate denial..
    Would June end be good (1 month before I94 expiration).. If L1 A extention's case scrutiny to RFE to utlimate denial takes 3 months , I will have 2 more months after VISA expiry to stay with a hope I will have my GC or atleast EAD by then..

    Appreciate quick response /guidance to above 2 question..Thanks
    Even if GC is applied in EB1 in July 2014 there is very less likelihood that you would get EAD by 2015 beginning, so you got to find a way to stay beyond 29 Jul 2014.

    1. Yes that would be an option to try.
    2. If going out and returning doesnt get you a new I-94 advised to file extension around new I-94 expiry date.

    This is my opinion not legal advice.
    2.

    Comment


    • #3
      Originally posted by raghvi View Post
      Even if GC is applied in EB1 in July 2014 there is very less likelihood that you would get EAD by 2015 beginning, so you got to find a way to stay beyond 29 Jul 2014.

      1. Yes that would be an option to try.
      2. If going out and returning doesnt get you a new I-94 advised to file extension around new I-94 expiry date.

      This is my opinion not legal advice.
      2.
      -------------------------------------------------------

      Thanks Raghvi for your advise.. Final queries from my end ..
      Quick Question :
      1.So can I stay in US without hassles ONLY once my EAD is approved without worrying for L1-A approval/denial ? I thought I can stay without hassles after the approval of I 140 and subsequent filing of I485 ..AM i wrong ?

      2. Do Approval of EAD takes 5-6 months ?.. I heard that Eb1 end-to-end (once papers reaches USCIS) takes at the max of 4 months (with no RFE)..

      Appreciate your response..

      Comment

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