| Q. |
I-140 denial
My EAD will expire Nov 5,2008 and I don't have a valid L1-visa (expired Dec 19,2007),I apply for new EAD and AP last Sept.17,2008 and my new EAD was approved Oct. 20,2008 valid for 2 years,AP is still pending. On Sept 25 my I-140 was deny on grounds of original labor is not available(substitution) and typo error on previous employment,file MTR on Oct 28,2008.Is my new EAD valid? Haven't receive any update about my I485(pending).My employer told me I cannot work since my EAD is expired and new EAD is not valid. What is my options now? They apply for new L1 visa and advise me to leave the country(avoid unlawful stay).Can I use new L1 to work w/o leaving US? If I leave the US while I140 on MTR and enter US on L1 can I still avail of my pending I-140/I-485/EAD/AP if my MTR is approved.
User's Location:
orlando, Florida, United States of America
Category:
Employment-based Green Card
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| A. |
Thank you for your question.
I am not sure I understand why your employer told you that your EAD is not valid. In my opinion it is - as long as you have properly filed a MTR, your I-140 and I-485 (which as you said hasn't been touched) are pending and you can use your new EAD to work.
I would try to understand better why your employer says that you cannot work and I would try to persuade them that for as long as the MTR is pending, your status is "adjustment of status pending" and you can use your EAD. However, you have to consider what is the likelihood that the MTR will be denied and to prepare for this possibility.
If your employer is offering to apply for a new L-1, then you definitely accept this offer and start the procedure as soon as possible. Your employer, in all likelihood, has been advised that you must leave the country, get a new visa stamp and return on L-1 visa. This is the proper way to change your status to L-1 if you have incurred any unlawful stay. I do not believe you have incurred any unlawful stay because you have filed your MTR promptly.
If you leave the US and come back on L-1 and assuming that the MTR is successful, your green card process will be valid and ongoing. You will then be able to use your EAD in the future (if you wish to change employer).
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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