Q: Looking for options to stay/work in US as L1A visa getting expired with EB1-I140 approved.
I am an Indian citizen, born in India, currently in US on L1A visa. This is my last year of visa extension and it expires in September 2019. My EB1-I140 is approved with priority date in April 2017. The Final action date for India EB1 has retrogressed to 01-January-2015 but "DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS" is currently 01-Oct-2017 for EB1-India. I want to know if it is possible for me to apply EAD based on dates mentioned in "DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS" section. Also, can I stay in US till my priority date becomes current based on my I-140 approval?
A:
No, you must use the Final Action Dates chart in the Department of State Visa Bulletin for June 2019. You may only use the Dates for Filing chart if the USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas. The USCIS would indicate this on the following website:
https://www.uscis.gov/visabulletininfo
A: There is not basis for you to get a work authorization, based on the information provided; having an approved I-140 is insufficient. In addition, if your L1A visa expires before your priority date comes current, you will need to either change to another nonimmigrant status or leave the country to avoid accruing unlawful presence.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
