Work while I-140 & I-485 is pending?

[rvisak]

My situation:

Issued L1B in Sep 2008, valid till 9 Sep 2011. I-94 exp date is same
Have applied for conversion to L1A - awaiting result
Company ready to file GC in EB1

My question : if the I-140 & thr 485 are filed prior to I-94 expiration; can I continue working if my L1A gets rejected?

[kabkaba]

I think no. If I-94 has expired and extension petition (whether L1A or L1B does not matter), has been denied, you have no legal basis to stay and work. I-140 and I-485 gives no legal basis to stay and work. However, if AP and EAD are also filed with I-485 and if EAD is approved while 485 remains pending, you can use the EAD to work.

[rvisak]

I think no. If I-94 has expired and extension petition (whether L1A or L1B does not matter), has been denied, you have no legal basis to stay and work. I-140 and I-485 gives no legal basis to stay and work. However, if AP and EAD are also filed with I-485 and if EAD is approved while 485 remains pending, you can use the EAD to work.

Thanks for your response. The company is ready to file the AP & the EAD at the same time. So even thugh I cannot work; I am assuming there wont be any issue in me going out of the country while the processing is on? Once the EAD comes through (which I have heard is 2-3 mths for EB1; I can come back and work minus any issues? I have a valid B1 so if needed I can make trips to US for any iometrics etc

[kabkaba]

If your I-485 is pending, you should not leave the country until you receive AP.