L1 extension - No response yet!!

[Dinesh B]

Dear Friends.


I have filed my L1 extension from L1B to L1A (conversion + extension), on July 6th 2020 to California center, I have receipt notice, however I still have not received any response on my visa nor RFE yet, it’s been 8 months now and I am close to 240 days. I am aware I can stay in US based on my pending AOS application filed, but I cannot work.

Questions: -- Do USCIS as well follows 240 days rule, and at least at the end of 240 days they might send me response on my L1 extension, at least RFE? if not, there is no clarity then how long I will have to stay without work?
- What options do I have? is it upgrading to premium processing, but my assumption is that might trigger into denial, not sure what is a trend?
- My employer gave me an option of premium processing, but I am afraid that it might trigger denial and may also impact further on my EAD/I140/GC processing?
- I may have another option i.e. EAD but that is also pending with NBC center from last 4 months, and due to COVID-19 and other reasons no clarify when that will be received ?

so felling little stressed however at the same time needs to be careful on the next steps.

any responses or suggestions are really welcome, and really appreciate to get your thoughts and experiences.



Thanks You!!

[PS2015]

If you don’t want to try premium processing then you have to Stop working and go on Loss of pay subject to your employer approval.
you should be receiving biometrics soon and need to wait to for EAD to resume work.
in between if your visa decision comes you can anyway resume work.

hope one of these options work for you ,,,

[L1A_asp]

Dear Friends.


I have filed my L1 extension from L1B to L1A (conversion + extension), on July 6th 2020 to California center, I have receipt notice, however I still have not received any response on my visa nor RFE yet, it’s been 8 months now and I am close to 240 days. I am aware I can stay in US based on my pending AOS application filed, but I cannot work.

Questions: -- Do USCIS as well follows 240 days rule, and at least at the end of 240 days they might send me response on my L1 extension, at least RFE? if not, there is no clarity then how long I will have to stay without work?
- What options do I have? is it upgrading to premium processing, but my assumption is that might trigger into denial, not sure what is a trend?
- My employer gave me an option of premium processing, but I am afraid that it might trigger denial and may also impact further on my EAD/I140/GC processing?
- I may have another option i.e. EAD but that is also pending with NBC center from last 4 months, and due to COVID-19 and other reasons no clarify when that will be received ?

so felling little stressed however at the same time needs to be careful on the next steps.

any responses or suggestions are really welcome, and really appreciate to get your thoughts and experiences.



Thanks You!!

I have applied Premium for my last 2 approvals.First time it went to RFE and got approved.2nd time directly approved , i had given sufficient info this time.
Premium processing means they wil respond within 15 days (approval/rejection or RFE)

Do not wait till last minute for Premium.My friend waited till last minute and applied premium.He got RFE.but he had to exit as it was already 240 days.RFE was submitted and approved and it took 6-7 months for him to get a project ,stamping etc to come back to USA

[Libra_14]

When did you late petition expired? 240 days is from petition expiry date & not based on when you file the extension.

[Dinesh B]

Libra_14 yes, 240 days started from the I94 expired date or PEC which is same on my documents, (Aug 1 2020)...


Assume if I do premium processing and my L1 gets denied, will that impact on my GC processing?

they have filed GC on concurrent processing, (AOS, I140 and EAD) together, do I have to wait for I140 to get first before EAD.


L1A_asp thanks for sharing your feedback, however in my case I don't need to exit USA, because I have pending AOS application and I can stay (not work), but thanks for sharing, I will consider your thoughts.

[Libra_14]

Libra_14 yes, 240 days started from the I94 expired date or PEC which is same on my documents, (Aug 1 2020)...

Then you cannot work without a valid petition or an EAD in hand.

Assume if I do premium processing and my L1 gets denied, will that impact on my GC processing?

they have filed GC on concurrent processing, (AOS, I140 and EAD) together, do I have to wait for I140 to get first before EAD.

No impact on GC, both are independent processes.
However you might need to prove that you still have that job offer during the GC interview (if any). EAD will only be issued after I140 is approved.

L1A_asp thanks for sharing your feedback, however in my case I don't need to exit USA, because I have pending AOS application and I can stay (not work), but thanks for sharing, I will consider your thoughts.

That's correct, you can stay in USA.