L1A expires while I140 approved question.

[o55]

Hi All,
I am on L1A visa,
Filed I140 together with I485 on OCT 04,
My company is closing the over sea entity in few months,
Means my L1 is expired,
Assuming the I140 is approved by then, is that enough for me to keep working in the company until the 485 is approved?

Thanks

 

[sbabunle]

I think you should file 485 before L1 expiry. But keep in mind that if you are from a retrogression affected area you cannot file 485. ( India/China/Philippines).
I'm afraid an approved 140 alone DOES NOT give you the eligibility to stay and
work in the USA. On the other hand when you file 485 you can stay here
until its adjudicated. When 485 is filed, you are eligible to file for EAD which gives you work authorization without any visa( like H1B or L1). Or if you are not affected by retrogression you can file 485 right away. ( Concurrent fileing) so that you dont need to wait until last minute.

In this situation I would consult a lawyer.

Best Regards
babu

 

[o55]

Thanks for your answer,
i already got my EAD card, my attorneys say that the minute we close the foreign entity, the basis of my I140 and I485 is not there anymore, thats why the EAD will not be sufficient. but your comment brings a diffrent question, if i have the I140 approved, and hold EAD, does this change anything?

O