I-140 approved; I485 pending, RFE ask for EAD or L1 extension, but Do Not Have It

[SunDevilUSA]

RJMB: I think that your application for Adjustment of Status (I-485) may be in jeapordy.

I understand that your I-485 application is employment based...and, as such, you must maintain legal status in the United States. Your application for I-485 does NOT give you such legal status.

If your L-1A status has expired, then you appear to be in the country illegally. Furthermore, without legal status, you are barred from adjusting status in the United States.

I'm sorry to be the bearer of bad news, but I think that your lawyers may not have served you very well.

[Edo]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">of it applying to H1 </div></BLOCKQUOTE>
What if I apply for work authorization based on ineffective assistance of counsel and try to get nunc pro tunc work authorization ??? Do I have any chance ???

[SunDevilUSA]

Edo: under what basis would you be applying for EAD? The simple act of applying for I-485 does NOT entitle a person to apply for EAD.

[federale86]

Ooops. RFE are usually the first stept to denial. ICE man come for you.

[Mrs. Mani]

You need to see another (better, maybe established) lawyer. No decent immigration attorney in his/her right mind would have advised you to not extend L1A AND not apply for EAD card. If he's downplaying the HUGE MISTAKE/MALPRACTICE he committed, then he's just trying to cover his a s s and keep you as a client (get more money out of you).

You will get EAD card if the I-485 is still pending but it's not going to help cover the last 3 years you've been working without any authorization unless your attorney convinces you've been living in the U.S. without working or making any money. Even if you are receiving salary from HK, you are still performing work here without authorization to work here.

Who is your I-140 sponsor? Is it the the L1A company or completely separate company that you never started working for?

Also, 245(k) would have applied if there was any unlawful employment etc. before you applied for Adjustment. It doesn't help for unlawful employment after the adjustment is filed.

[federale86]

Mani rocks. What ya goin' do, what ya goin' do, the ICE man come for you.