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Can I stay in the US after my L1 expires while Green Card is being processed
Anonymous2 views2 answers
Hi,
I have an L1 and my wife and kids have L2's all of which expire Dec 6th 2010 and our I94's expired Dec 15th 2010. We have applied for status change to Green Card but don't expect this to complete until March 2011. So I have 3 questions :
(1) Can I stay working in the US after my L1 or I94 expires as the Green Card application is going through?
(2) If we have to renew our L visas do we have to leave the country to do it?
(3) If we have to leave the country do we have to leave by the L1 or I94 expiry date?
Thanks for the help.
If your I-485 is filed and pending, then you can remain in the U.S. until there is a decision made on the I-485.
If you want to work in the U.S. while you are waiting for a decision on the I-485, you need work authorization. That can be accomplished either through the filing and eventual approval of an L-1 extension, which must be filed prior to your current petition's expiration date of December 6, or through the issuance of an EAD. When you filed your I-485, you may have also filed Form I-765 seeking an EAD. Filing that application does not give you work authorizatoin. Only once it is approved and the EAD issued, do you have work authorization. If that hasn't happened by the end of November, your employer had better file the L-1 extension or it will be employing you without authorization after December 6.
You do not have to renew your L-1 or L-2 visa stamps if you are not planning to travel abroad while you are waiting for a decision on the I-485s. The only purpose of having a U.S. visa stamp in your passport is to seek entry to the U.S. If you are in the U.S. now, your employer files an L-1 extension petition, and it is approved and your L-1 status is extended, then you are authorized to work until the expiration of the new petition. You don't have to leave the U.S., and you don't need a new visa stamp.
If your I-485 is filed and pending, then you can remain in the U.S. until there is a decision made on the I-485.
If you want to work in the U.S. while you are waiting for a decision on the I-485, you need work authorization. That can be accomplished either through the filing and eventual approval of an L-1 extension, which must be filed prior to your current petition's expiration date of December 6, or through the issuance of an EAD. When you filed your I-485, you may have also filed Form I-765 seeking an EAD. Filing that application does not give you work authorization. Only once it is approved and the EAD issued, do you have work authorization. If that hasn't happened by the end of November, your employer had better file the L-1 extension or it will be employing you without authorization after December 6.
You do not have to renew your L-1 or L-2 visa stamps if you are not planning to travel abroad while you are waiting for a decision on the I-485s. The only purpose of having a U.S. visa stamp in your passport is to seek entry to the U.S. If you are in the U.S. now, your employer files an L-1 extension petition, and it is approved and your L-1 status is extended, then you are authorized to work until the expiration of the new petition. You don't have to leave the U.S., and you don't need a new visa stamp.
