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Posted on 21 Dec 2011
Q.

Applying AOS and Pending Spouse Non-Immigrant status

I'm currently on valid H1 and my GC Labor & I140 have been approved.My Priority Date is Dec 10,2007 is current in EB2.My wife is on a Blanket L1 Visa which expired on Sep 21,2011. We filed the L1 extension before the i-94 exp date.Further on Sep 13,2011 USCIS requested an RFE regarding the L1 and the RFE was responded on Dec 6,2011.
i)Should I apply 485 including my wife with her L1 ext pending OR Is it safe to wait for the decision and then add her to i-485 with a valid status?
ii)if I apply i485 now and later if the L1B case is denied, will the stay after the L1 expiry date considered to be unlawful and could it impact the I-485 process? Note: its 90 days since the L1 exp and even if I apply I-485 it will take at least 90 more days to get the EAD& AP.Or it is better to get a H4 interim

User's Location: Burbank, California, United States of America
Category: Employment-based Green Card
Posted on 23 Dec 2011
A.
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User_thumb_6_Photo_Andrew_Wilson

Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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