Filing I-485 while appeal pending

[PLSHELP2002]

Hi everybody,

I was a L-1 visa holder but now in a appeal or motion to reopon process for my company's L-1 extension petition was denied . My company filed I-140 on May 2002. I am going to file I-485 while I-140 and Motion to Reopen are still pending. There are several issues confusing me a lot and thus your advices:

1, Which date INS usually use to start to count day of alien's stay as out-of-status?
- My L-1 visa and I-94 expired in April 2001.
- L-1 extension was denied in Jan, 2002,

2, I know I-485 filing requires beneficiary hold a valid status. But is it a MUST or CASE-BY-CASE? Is the law 245(k), which allows alien whose illegal stay is below 180 days to adjust status, still applicable?

3, If people like me who have appeal or motion-to-reopen in pending, filing I-485 is a good choice or simply wasting money and energy?

All comments are welcome and appreciated.
Wish everybody lucky!!!

Mark

 

[PLSHELP2002]

clearify my questions

Sorry guys, I think I need to explain again my situation more clearly:

I have two case pending now. One is appeal/motion to open case for my L-1 extension which was denied in Jan 2002. The other one is I-140 filed in May 2002. I am concerned about wheather or not I am able to file I-485 now cocorrently with above two pending cases.

I am also concerned about from which date INS count alien's unlawfully prsence in the U.S. Is it from the date when visa or I-94 expired, or from the date of denial decision?

Thanks in advance.

Mark

 

[jaxen]

Answers...

1. You should be able to apply I485 without any prejudice based on MTR on your L1 denial

2. Date of denial- definitely. Have copies of i94 and notice of action (denial of L1 extension) handy always.

Risk is (especially for spouse) while trying to enter US in AP, entry might be denied. So y'all have to stay put in limbo until a decision on L1 comes from INS.

If L1 extension is denied, you can still do CP on your GC after approval of I140.