Need suggestions on how to extend(yes,extend) I-140/485 processing time...

[bkd52]

I am planning to file a 2nd I-140/485 in December 2007, a month before my 7-year L1 expires. With this I hope to buy some time and stay in legal status until my USC daughter can sponsor my GC in 2/2009.

This is one instance where I do NOT want INS to process my application quickly ( my 1st I-140/485 was denied ). As long is the 485 is pending I am in status.

In fact, I am thinking of comitting an error on Purpose on my I-140/485, so even if and when they do get to it, I get an RFE and buy extra time. Any suggestions on the best place to screw up or how to extend the processing time for my 2nd I-140/485 ?

RealCanadian, Compass ??

 

[buckdany]

I could see how to extend it by months but not by years...

 

[tammy2]

I am planning to file a 2nd I-140/485 in December 2007, a month before my 7-year L1 expires. With this I hope to buy some time and stay in legal status until my USC daughter can sponsor my GC in 2/2009.

This is one instance where I do NOT want INS to process my application quickly ( my 1st I-140/485 was denied ). As long is the 485 is pending I am in status.

In fact, I am thinking of comitting an error on Purpose on my I-140/485, so even if and when they do get to it, I get an RFE and buy extra time. Any suggestions on the best place to screw up or how to extend the processing time for my 2nd I-140/485 ?

RealCanadian, Compass ??

File the Labor now and apply I-140. It will take years to file your I-485 while you can continue on the L1.

There is one more loophole Immediate relatives (spouses, parents and unmarried children under 21-year old) of U.S. citizens are eligible to adjust their status even though they were out of status or worked illigally, as long as they have entered with inspection.

 

[bkd52]

File the Labor now and apply I-140. It will take years to file your I-485 while you can continue on the L1.

There is one more loophole Immediate relatives (spouses, parents and unmarried children under 21-year old) of U.S. citizens are eligible to adjust their status even though they were out of status or worked illigally, as long as they have entered with inspection.

Tammy2....I don't understand what you meant by "It will take years to file your I-485 while you can continue on L1" I thought you can maintain status only after you file 485 not the 140. Also L-1 Visa holders do not have to file Labor. This means I have to file both the I-140 AND I-485 concurrently before my L-1 expires if I want to stay in status. My concern here is they may process my 140 before 2/2009 and probably reject it ( 1st 140 was rejected). This automatically makes the 485 denied also. Then I am out of status.


As far as the loophole is concerned, I am looking at that option too if the above happens. But I believe the instructions on the FOrm I-485 says that out of status parents can apply for GC but they CANNOT be employed illegally,which is fine. My concern here is the law that states that if you are out of status for <180 days = 3 Year Ban from US , out of status >180 days = 10 year ban from US.

 

[curiousGeorge]

Also L-1 Visa holders do not have to file Labor. This means I have to file both the I-140 AND I-485 concurrently before my L-1 expires if I want to stay in status. My concern here is they may process my 140 before 2/2009 and probably reject it ( 1st 140 was rejected). This automatically makes the 485 denied also. Then I am out of status.

It sounds like your on L1a, not L1b, which I think Tammy2 was assuming. In this case, you are one of the lucky few (unlucky for you ironically), and your priority date is current, and you can file concurrently, OR you can file the I-485 when the I-140 is approved.

Regardless, you don't HAVE to file the I-140 and the I-485 concurrently.

Also, L1 allows for immigrant intent, so even if you filed an I-140, I-485, and either one gets denied, your L1 is still valid, unless it is passed the expiry date, or you used your EAD and you no longer work for the L1 sponsor. Can't you keep extending the L1 for 1 year increments when the I-140 is pending, just lke you can an H1b? This would ensure that you would be in status when the I-485 gets denied.

 

[number30]

It sounds like your on L1a, not L1b, which I think Tammy2 was assuming. In this case, you are one of the lucky few (unlucky for you ironically), and your priority date is current, and you can file concurrently, OR you can file the I-485 when the I-140 is approved.

Even if some one is on L1A visa can't he not apply in EB3? As for as I know there is no relation between existing job and GC.

I do not understand why he do not want to get the green card with L1A it self.

Other way is to do H1 in next year quota and apply Labor and I-140.

 

[bkd52]

I could see how to extend it by months but not by years...

How would you extend it, even if only by months?

Regardless, you don't HAVE to file the I-140 and the I-485 concurrently.
Also, L1 allows for immigrant intent, so even if you filed an I-140, I-485, and either one gets denied, your L1 is still valid, unless it is passed the expiry date, or you used your EAD and you no longer work for the L1 sponsor. Can't you keep extending the L1 for 1 year increments when the I-140 is pending, just lke you can an H1b? This would ensure that you would be in status when the I-485 gets denied.QUOTE]

Curious George ..... I would HAVE to file 140 and 485 concurrently, because the 485 is what will keep me in valid status after my L-1 expires.

Also...I don't think 1 Year increments/extensions are not allowed on L-1

 

[bkd52]

Even if some one is on L1A visa can't he not apply in EB3? As for as I know there is no relation between existing job and GC.

I do not understand why he do not want to get the green card with L1A it self.

Other way is to do H1 in next year quota and apply Labor and I-140.

I do want to get the Green Crd with the L1A..but my 140/485 got denied. Now, all I want to do is somehow stay in the US until 2/2009 when my USC daughter can sponsor my GC.


"Other way is to do H1 in next year quota and apply Labor and I-140"
When is a H-1B eligible to apply for 7th year/8th year extensions?
Is it right after you file 140 or 6 months after you file 140?

 

[ginnu]

I do want to get the Green Crd with the L1A..
but my 140/485 got denied.
-------what was the reason for denial?

Now, all I want to do is somehow stay in the US until 2/2009

when my USC daughter can sponsor my GC.
------------why the GC through USC daughter, do you think you will get it immidiatly approved once she file? what if in future immigration laws may change?.

"Other way is to do H1 in next year quota and apply Labor and I-140"
When is a H-1B eligible to apply for 7th year/8th year extensions?
--------LC pending more than 365 days (due to PERM it may not be possible) or I-140 approved, if I-140 approved and unable to file I-485 due to PD then one can get 3 years H1 extension
Is it right after you file 140 or 6 months after you file 140?
-----one can file I-140 and once approved can file I-485 after 6 -8 months (if job offer still exist)

 

[bkd52]

Quote:
Originally Posted by bkd52
I do want to get the Green Crd with the L1A..
but my 140/485 got denied.
-------what was the reason for denial?
=========I own a small business and could not show enough revenue/profit/ability to pay proferred salary to myself.


Now, all I want to do is somehow stay in the US until 2/2009
when my USC daughter can sponsor my GC.
------------why the GC through USC daughter, do you think you will get it immidiatly approved once she file? what if in future immigration laws may change?.
=============It is the most viable and only option I have after 7 years pf L-1 are used up.

"Other way is to do H1 in next year quota and apply Labor and I-140"
When is a H-1B eligible to apply for 7th year/8th year extensions?
--------LC pending more than 365 days (due to PERM it may not be possible) or I-140 approved, if I-140 approved and unable to file I-485 due to PD then one can get 3 years H1 extension
Is it right after you file 140 or 6 months after you file 140?
-----one can file I-140 and once approved can file I-485 after 6 -8 months (if job offer still exist)
=========>> QUESTION : L1A does not have to file labor certification. If I file new 140 today, after how many pending months can I claim legal status(L1 is expired) because of unavailable PD?

PS: I thought it was a pending 485 that would give me leagal status and not the 140?????????


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[ginnu]

Quote:
Originally Posted by bkd52
I do want to get the Green Crd with the L1A..
but my 140/485 got denied.
-------what was the reason for denial?
=========I own a small business and could not show enough revenue/profit/ability to pay proferred salary to myself.


Now, all I want to do is somehow stay in the US until 2/2009
when my USC daughter can sponsor my GC.
------------why the GC through USC daughter, do you think you will get it immidiatly approved once she file? what if in future immigration laws may change?.
=============It is the most viable and only option I have after 7 years pf L-1 are used up.

"Other way is to do H1 in next year quota and apply Labor and I-140"
When is a H-1B eligible to apply for 7th year/8th year extensions?
--------LC pending more than 365 days (due to PERM it may not be possible) or I-140 approved, if I-140 approved and unable to file I-485 due to PD then one can get 3 years H1 extension
Is it right after you file 140 or 6 months after you file 140?
-----one can file I-140 and once approved can file I-485 after 6 -8 months (if job offer still exist)
=========>> QUESTION : L1A does not have to file labor certification. If I file new 140 today, after how many pending months can I claim legal status(L1 is expired) because of unavailable PD?
earlier you wrote:"Other way is to do H1 in next year quota and apply Labor and I-140"
When is a H-1B eligible to apply for 7th year/8th year extensions?
--------------------------------- you asked about H1 that is wny I replied "--------LC pending more than 365 days (due to PERM it may not be possible) or I-140 approved, if I-140 approved and unable to file I-485 due to PD then one can get 3 years H1 extension



PS:
I thought it was a pending 485 that would give me leagal status and not the 140?????????
----------------------------That is correct

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