I-140 & I-485 Concurrently filed for E13 Max out time by Jan 31 '23

USA Green Card
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1

Hi
I would complete my 7yr L-1A cap by Jan 31 , 2023. My current employer filed for my GC on May 19 2022. what are my options if i do not get adjudication from USCIS before the cut off time?

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Was it filed under EB1 and whether it was concurrent filing of I-140+I-485+EAD/AP?

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HI Kalpesh - Yes it was filed under EB1 Multinational Manager category and the filing was concurrent including EAD, AP, Medicals etc…

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Ok, then you can switch to GC EAD and continue with your employment. If your EAD isn’t approved by the end date of your L1, you need to stop working and you can resume once EAD is approved.

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Hi Kalpesh - do i have to leave the country too? or stay and wait for approval to come through? would that still be legal?

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You can legally stay in the US while your AOS application is pending. You are considered in the ‘pending AOS status’.

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Well, what i infer from your reply is. If my I-140 is approved i am good to stay under AOS being pending.

Question is what if I-140 approval doesn’t come through? am i still considered as AOS Pending because it was filed concurrently. this is not clear to me. in a situation where I-140 approval doesn’t come by cut off date should i leave the country and wait for adjudication to come through?