L1 holder - Processing time for EB3?

[Dzev 0]

Hi all, I hope I’m asking the question in the right forum.

i’m on L1B, and the USCIS received my I485j application in October 2023.

i already did game my finger prints and received the employement authorization few months back with expiration till 2029.

 

the priority date for final action (EB3) was Nov 2022 for 4 months which was good for me and now they move it back to December 2021  very depressing.. Assuming PD will change back to November 2022 or later next by the end of this year do i still need to wait another year+ for processing? In other words, does the PD moving back reset my queue? 
 

sorry in advance for my silly question, I’m just trying to understand what are my options giving the L1 visa limited to 5 years max.

 

[Boiler 44,224]

Switch to EAD

[powerpuff 6,238]

Duplicate thread in another forum removed. Please only post once per topic.

 

VJ Moderation 

[Dzev 0]

I tried to write in the right forum and there’s no option to delete this thread. 
can we move the thread to the other forum please?

[powerpuff 6,238]

*** Thread moved from Work Visas to AOS work/tourist/student visas ***
 

In the future, if you’d like to have your thread moved, Report the post and write your request.

 

[mam521 1,925]

13 hours ago, Dzev said:

i already did game my finger prints and received the employement authorization few months back with expiration till 2029.

If you have EAD until 2029, what's the issue?  Did you file I-131 advanced parole for reentry, if you want to travel?  

[Dzev 0]

My wife and kids received AP but I’m still waiting for mine.

 

my concern is my visa expiration, or because of Employment Authorization I’m should be ok?

[NorthByNorthwest 259]

23 minutes ago, Dzev said:

My wife and kids received AP but I’m still waiting for mine.

 

my concern is my visa expiration, or because of Employment Authorization I’m should be ok?

 

Your visa expiration is of no concern, your I-94 expiration determines your status.

 

While you have an AOS application in progress, after your I-94 expires your status changes from lawful status to being in period of authorized stay, and your I-797 for the I-485 is your proof of this. As long as you have a valid EAD you can continue working, but you will require Advance Parole to be able to leave the country and reenter. Depending on your state of residence you may have issues with getting/renewing your driver's license during this time.

[Dzev 0]

Thank you!!

for the L1 visa extension, I just received an RFE yesterday   

I think I have strong evidence given the fact I got promoted and received company award

published articles..

 

should I be worried? Will it impact the green card processing in the future?

[NorthByNorthwest 259]

9 minutes ago, Dzev said:

Thank you!!

for the L1 visa extension, I just received an RFE yesterday   

I think I have strong evidence given the fact I got promoted and received company award

published articles..

 

should I be worried? Will it impact the green card processing in the future?

 

The visa extension is more or less moot with a pending I-485, other than being a fallback if the I-485 should get rejected for whatever reason. It is also easier to travel while the L1 is still valid vs. traveling on AP which will frequently land you in secondary inspection when you enter the country. As mentioned in my earlier comment it may also affect your driver's license depending on state.

 

The visa expiring will not affect your I-485 as long as it was valid when you applied.