Asked on Dec 31st, 2018 on Immigration - California
More details to this question:
I have entered into US on valid L1 A and i94 valid until April 2018 Applied L1 A extension on Feb 2018 and pending decision post responding to RFE My I-485 Status (EB1 C Category) :- Applied I-485 in EB1 C category when I had valid L1 A EAD and AP valid until Nov 2020 Completed GC interview on Dec 2018 and I-485 J approved on the same day I-485 Pending due to Visa retrogression (PD : Sep 2017) My Current Status :- I-9 re validated with EAD (Switched from L1 A to GC EAD) considering L1 A extn pending decision beyond 240 days now Switched it to EAD prior to 240 days expiry in order maintain valid status My Questions With the above situation, Can I withdraw my L1 A to avoid any denials ? If I withdraw my L1 A , Will it have an impact on pending I-485 decision ? If I continue with my L1 A and eventually denied, Will it have an impact on pending i-485 ?
If you applied for your I-485 when your L-1 was still valid, you could either continue or withdraw your L-1 extension application with no effect on the I 45 application. You appear to have worked with authorization at all times, so illegality after filing the I-485 does not appear to be a concern. If the I-485 was applied for after your approved L-1 expired, then there are questions of whether your last entry prior to applying for the I-485 was pursuant to advance parole or the L-1. If under the L1, you are still eligible for adjustment of status even if you have illegal stay of up to 180 days. Under those circumstances, withdrawing or continuing with your L-1A would not appear to make any difference. In the event that your approved status expired by more than 180 days before I-485 filing if coming in on a valid visa, or your status expired by any days before I-485 filing if you were paroled, it would probably be best to terminate the L-1A as immigration officers should be aware that applicants can be excused where a nonimmigrant stay request has not been adjudicated by the time of interview. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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