L1A extension denied, I-485 applied

[Kay_23]

Hi,

I am in a very complicated situation. My L1A extension got denied. There is no change in the JD, no org structure change and I am managing a team of 25 people. They still cite in denial notice that 'lack of managerial duties' We had submitted reportees' degree certs, emails and much more in evidences when we received RFE. Then my visa team advised to refile. The attorney refiled again and it again got denied. (Mistake here was an exact ditto application was refiled without addressing any points in denial) Meanwhile, my I-140 got approved and I-485 has been filed. Its been 75 days since it was filed and we haven't received a receipt notice too. Looks like they are pretty backlogged with the huge number of applications. My question is this -

1) Will I be able to refile the extension after my LIA term has ended or is it necessary to be applied only when one has a valid L1A status ?
2) Should I pursue the District court route to appeal ?
3) I-485 EAD seems like it will take 6-8 months from now. Is there any way to expedite it ?
4) Compelling circumstances EAD: Will it not be applicable due to priority date being current ?

Situation: I have bought a house after I-485 application. My wife lost her job and I will lose my job in a day or two due to denial. We will not be able to survive for 8-9 months without jobs and both sitting at home.

Any inputs/experiences will be greatly appreciated !

Regards,
Kay

[Libra_14]

1) Will I be able to refile the extension after my LIA term has ended or is it necessary to be applied only when one has a valid L1A status ?

You can file another extension if your existing petition is not expired, if it is already expired, then it cannot be extended.

2) Should I pursue the District court route to appeal ?

You can.

3) I-485 EAD seems like it will take 6-8 months from now. Is there any way to expedite it ?

Yes, you can file for expedite request.

4) Compelling circumstances EAD: Will it not be applicable due to priority date being current ?

Situation: I have bought a house after I-485 application. My wife lost her job and I will lose my job in a day or two due to denial. We will not be able to survive for 8-9 months without jobs and both sitting at home.

Based on pending 485, you can continue to stay in USA, but without a valid petition or EAD in hand, you won't be able to work.

[Kay_23]

Thank you so much for your response.

My visa term has expired so we can't file for extension now. Does congressman/ senator help in such situations ?

Regards,
Kay

[Libra_14]

My visa term has expired so we can't file for extension now. Does congressman/ senator help in such situations ?

I don't think so, the only option I can think is to apply for expedite request for your EAD.

[PS2015]

Thank you so much for your response.

My visa term has expired so we can't file for extension now. Does congressman/ senator help in such situations ?

Regards,
Kay

Can you pls advise what options you are taking ?
Any luck in expedite EAD ?

thanks

[Kay_23]

Can you pls advise what options you are taking ?
Any luck in expedite EAD ?

thanks

Hi, Unfortunately all options look grim. I am trying everything possible- Help from congressman for expediting GC EAD, maybe making a case in federal court but even Denial notice has not reached us. It is 46 days since the decision. After a lot of research we have given up on AAO appeals since it is not a timebound process.

[AKAI]

Am sorry for the OP. These things in US work in a crazy manner. Visa extensions in any other country is so much more simpler if the job role remains the same, but in US they treat this as a fresh petition everytime and basically leaving to the whims and fancies of the USCIS employee who got hold of the case.

Immigrants have made US what is it and governments need to start paying attention to educated people who come here legally and pay their taxes etc etc and not just focus their attention on all the "undocumented" immigrants. The amount of taxes that people on visas pay is humongous, but the treatment metted out is worse than even the undocumented alien who broke multiple laws while entering the country and has never paid taxes or social security, but does take over the low paying jobs of Americans.

[PS2015]

I am also in similar situation and waiting for EAD.
485 forms received on 26 Oct, Notice date 28 Nov
NBC and NJ ASC
its already 3 months and need EAD
Can someone guide me the process to reach out congress person and request for expedite EAD

[abhinavsri2004]

I am in the same exact boat as you Kay_23.
what was the outcome of your experience?