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L1A extension due and EB1 GC processing started

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  • L1A extension due and EB1 GC processing started

    Hello,
    I have L1A visa which is approved till 2021. My I-94 however expires in March-2019 and is due for extension. My employer has started my GC processing in EB1 category and the documentation is about to get submitted to USCIS. My questions are regarding best way to go ahead with extension of L1A visa:

    1. Once my GC documentation is submitted to USCIS, I-140 approval might take time and by that time, my I-94 will expire. What is the best way to get it extended? Is it needed to file L1A extension of is there any other way possible? I read some threads which mention that premium processing is not possible for EB1-C category which is for managers/executives.
    2. If my L1A gets RFE or gets rejected, would that have any impact on GC processing application?
    3. What is the best way to make sure I get an L1A or I-94 extension if that is needed?

    Appreciate your inputs.

    Thanks,
    Sameer

  • #2
    you need to continue maintain the L1A status, it's independent process from GC application. I140 approval might take many months and then AOS will take time as well

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    how it's happened your L1 visa 2 years more that L1 status? Was it given initially that way once you applied for L1A?

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    • #3
      Originally posted by anxc View Post
      you need to continue maintain the L1A status, it's independent process from GC application. I140 approval might take many months and then AOS will take time as well

      - - - Updated - - -

      how it's happened your L1 visa 2 years more that L1 status? Was it given initially that way once you applied for L1A?
      My visa validity is until 2021 but when I entered for the first time, my I-94 date is March-2019. I was trying to see if there is any way to remain without going for L1 extension since there have been multiple RFE cases for L1A recently.

      Comment


      • #4
        Originally posted by SameerT View Post
        My visa validity is until 2021 but when I entered for the first time, my I-94 date is March-2019. I was trying to see if there is any way to remain without going for L1 extension since there have been multiple RFE cases for L1A recently.
        Visa is merely for entry. It has no significance whatsoever with regards to your stay. I94 is what determines. The only way to extend your stay is to extend the I94 which is either via extension filed from within the US or travel outside and re enter, in which case the CBP officer will give you a new I94 (the date depends on your petition validity, etc., and is at the officer's discretion) which then determines your duration of stay.
        Just an opinion; Not legal advice.

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