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Stay legally after 240 day period expired

Discussion in 'General L Visa and Related Issues' started by Jim Rakete, Dec 17, 2013.

  1. Jim Rakete

    Jim Rakete New Member

    Dear Forum,

    Here is my situation:

    - I have a petition for extension of my L1A visa pending (I 129)
    - My initial L1A visa was approved for 1 year and ended Oct 26 2012
    - Petition for L1A extension was filed before expiration date
    - Received RFE in Dec 2012 and answered RFE within the deadline (March 2013)
    - Actual status is still RFE Review

    - Filed the petition for I 140 and have it approved since 3 days

    - To complicate things, I lost my German passport together with the I 94 about 6 months ago and have a new passport, but without the visa stamp in it and without I 94

    What should I do, not to jeopardy my GC petition (either Consulate Processing or I 485)?
    If the L1 A extension is denied, is my stay right now in the US considered unlawful?

    Thank you so much for your help!!!
  2. newacct

    newacct Well-Known Member

    First of all, about your I-94, you can get it replaced by filing an I-102 (it is pretty expensive though).

    The I-140 petition doesn't give you any status. I believe that you don't have a lawful status right now, but you are lawfully present because you have an extension of status application pending. If it gets denied, then you would only be unlawfully present starting at that time. Also, I believe that you cannot file I-485 right now because you don't have a lawful status. If your extension of status is approved, then you are in lawful status and can file I-485.

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