L1A vs EAD/AP

[nsb540]

Hi All,

Can someone please advise on the below queries.

Background:

1. I & my family applied for GC on EB1C & had GC interview in May 2019. With the current situation, I don't think I will get GC in the next 2 to 3 years per Visa Bulletin.
2. I have EAD & AP, my wife has EAD no AP, kids do not have AP.
3. Applied L1A extension along with L2's (i-539) for the whole family (wife & two kids) on 1st July 2019, still pending decision. Last week an SR request has been raised by the attorney due to the case outside of processing time. The SR still not assigned to the officer.
5. All of us I-94 expired on 31st, September 2019.
6. All of us have a valid VISA validity Oct 2021 which was issued with the initial visa interview..

Now, we have plans to visit India this summer, considering this situation:

1. Say if my L1A & L2's approved before travel if I use approved L1A & valid visa's on return will my AP voided automatically? The thing is I want to maintain my L1A status and don't show anything related to GC.
2. Is it better to use my AP instead of L1A? if so I will lose my L1A status and family L2. what would be better options.
3. Would there any risk in traveling with my profile assuming me & family have valid VISA and approved L1 A?
4. Is it advisable to apply for AP for the whole family?
5. Since i have valid VISA for 5 years (expires on Sept 2021 which was issued during the initial), do we need to apply a fresh visa for all of us with the new petition?

[Libra_14]

Background:

1. I & my family applied for GC on EB1C & had GC interview in May 2019. With the current situation, I don't think I will get GC in the next 2 to 3 years per Visa Bulletin.
2. I have EAD & AP, my wife has EAD no AP, kids do not have AP.
3. Applied L1A extension along with L2's (i-539) for the whole family (wife & two kids) on 1st July 2019, still pending decision. Last week an SR request has been raised by the attorney due to the case outside of processing time. The SR still not assigned to the officer.
5. All of us I-94 expired on 31st, September 2019.
6. All of us have a valid VISA validity Oct 2021 which was issued with the initial visa interview..

Little confusion, what are you timelines for whole EB1C applications (I140, I485 etc).

If you are already in I485 pending status, you really don't need to file for L1A extension.

[nsb540]

Thanks for your response Libra.

Here are my GC timelines:

1. PD Jan 2018 applied i-485( me, my wife, kids), i-140, i-765(for my wife) concurrent filing.
2. April 2018 received EAD for my wife
3. May 2018 - biometrics completed
3.1 September 2018 i-140 approved.
4. Feb 2018 case transferred to NBC lee summit
4.1 Jan 2019 applied EAD renewval for my wife and received approval on may 2019 with 2 yr validity 2021.
5. Mar 2019 received rfe for birth certificate
6. End of March 2019 rfe response received by uscis
7. April 2019 interview scheduled
8. End of May, 2019 attended interview me and my family. IO said everythibg looks fine and gave a slip with
second option marked saying your PD is not current.

9. Since i lost hope on GC afterwards based in visa bulletin, my company and LAW firm advised to go for
L1A extension even though its not required and said its always better to maintain L1A if in case GC denied.So went ahead applied L1A extension and L2(i-539) for family with RD 1st July, 2019(regular processing)

10. since i didnt get any update against my L1A extension either rfe nor decision, applied for EAD and AP based i-485 with RD Nov, 2019 only for me as a back up if in case L1A gets rejected.

11. my EAD and AP approved on Dec 2019 with one year validity i.e Dec 2020.

12. Per recent TSC processing times for L1,i see my case processing times(almost 7 months) outside of normal processing(4 weeks to 3 months) times raised a case inquiry last mobday, still didnt get any response from uscis.

This is my complete timeline, hence now i am planning to visit india during the summer. Based on the current situation whats are options that we have for me and my family?.

thanks inadvance for your response.

[Libra_14]

9. Since i lost hope on GC afterwards based in visa bulletin, my company and LAW firm advised to go for
L1A extension even though its not required and said its always better to maintain L1A if in case GC denied.So went ahead applied L1A extension and L2(i-539) for family with RD 1st July, 2019(regular processing)

To the best of my knowledge, with EAD & AP in hand you really do NOT need to renew L1A. You can continue to stay & work in USA without needing to have L1A anymore.

10. since i didnt get any update against my L1A extension either rfe nor decision, applied for EAD and AP based i-485 with RD Nov, 2019 only for me as a back up if in case L1A gets rejected.

You should have applied for EAD & AP along with your I485 itself.

11. my EAD and AP approved on Dec 2019 with one year validity i.e Dec 2020.

Great.

12. Per recent TSC processing times for L1,i see my case processing times(almost 7 months) outside of normal processing(4 weeks to 3 months) times raised a case inquiry last mobday, still didnt get any response from uscis.

Its normal now-a-days

This is my complete timeline, hence now i am planning to visit india during the summer. Based on the current situation whats are options that we have for me and my family?.

You've AP in your hand, you can visit any country outside USA & return with your valid passport & AP.