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L1, i129s & ead!

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  • L1, i129s & ead!

    Hi members,

    I have an L1A until December 2020 in passport, an I129S that expires in November 2018 and an EAD expoiring in June 2019 while we wait for our AOS (interviewed in September).

    I have just been told that the I129S still needs renewing - is this the case if we have had a final interview, have an EAD until 2019 and a Visa that carries us through until 2020?

    Any feedback would be appreciated as I cannot get a clear answers from our company attorney. Options are:

    1) Let L1 expire (do they mean I129S) and then wait for green card - If it is not approved (highly unlikely they are saying) the we would need to leave the US, but to renew only?

    2) Fly back to London before November expiry date and renew in one day.

    3) File extension with USCIS directly and then a 50/50 chance of a RFE, how does this work with our AOS if there is an RFE?

    Any feedback would be appreciated!

    Thanks!!

  • #2
    Originally posted by Matt Cocchiarella View Post
    Hi members,

    I have an L1A until December 2020 in passport, an I129S that expires in November 2018 and an EAD expoiring in June 2019 while we wait for our AOS (interviewed in September).

    I have just been told that the I129S still needs renewing - is this the case if we have had a final interview, have an EAD until 2019 and a Visa that carries us through until 2020?

    Any feedback would be appreciated as I cannot get a clear answers from our company attorney. Options are:

    1) Let L1 expire (do they mean I129S) and then wait for green card - If it is not approved (highly unlikely they are saying) the we would need to leave the US, but to renew only?

    2) Fly back to London before November expiry date and renew in one day.

    3) File extension with USCIS directly and then a 50/50 chance of a RFE, how does this work with our AOS if there is an RFE?

    Any feedback would be appreciated!

    Thanks!!
    Lets understand the differences between Visa & petition (I129 or I797)

    Visa is merely for entry purpose, once you are inside USA then it is of no use.
    I129 or I797 is work permit or petition, which entitle you to work in USA.
    So, one with an valid visa can enter in USA but cannot work with an expired petition.

    Now, for you to continue working, you'll need to either posses a valid petition or under the process or petition renewal.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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