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

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  • RJMB
    replied
    Thanks; that was my attorney's original idea, but they were concerned that the lack of US based salaries might show up in the L extension, and if the adjudicator for the I485 then saw this, more concerns may arise. After consulting another immigration attorney for a 2nd opinion, they suggested I apply for the EAD in person (however, USCIS do not allow this anymore) and so we've applied for the EAD online and will try to explain this to the USCIS with the return of info. Of course, I'm starting to get concerned, as I'm presuming this was just a minor thing that should have been done at the onset.

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  • KMcTram
    replied
    You could apply for the L extension nunc pro tunc --

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  • RJMB
    replied
    The short answer is 'yes', although I am still paid by my parent company in my original country (Hong Kong); I set up a branch office here in the US on my own, and I am still here. I believe my attorney will respond and say that I'm not officially working here, or words to that effect, and use the proof that I am still paid in HK as evidence of this fact. Point is though that we should apparently have applied for the EAD with the I485, but did not.

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  • marmaduk
    replied
    Hmm, I'm a bit confused, I assumed this is an employment based since I-140 is involved.... yet you didn't apply for EAD and your L1A already expired... are you still working right now?

    Leave a comment:


  • RJMB
    replied
    I'm an L1A, I-140 recently approved; I-485 pending, Request for Evidence asked for EAD or L1A extension, but my attorney did not apply for this when I submitted I485 (L1A visa expired after I485 application)

    Went to Federal Plaza to see if I could get an EAD; Immigration officer suggested I apply for EAD on-line and submit the receipt of this and explain the situation in my return correspondence with the RFE

    Would anybody know the likely ramifications of this?

    I'm doing all this through my attorney, just hoping for some advice from the forum.

    thanks in advance

    Leave a comment:


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

    I'm an L1A, I-140 recently approved; I-485 pending, Request for Evidence asked for EAD or L1A extension, but my attorney did not apply for this when I submitted I485 (L1A visa expired after I485 application)

    Went to Federal Plaza to see if I could get an EAD; Immigration officer suggested I apply for EAD on-line and submit the receipt of this and explain the situation in my return correspondence with the RFE

    Would anybody know the likely ramifications of this?

    I'm doing all this through my attorney, just hoping for some advice from the forum.

    thanks in advance
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