ADA_AKS

Let me know what are the things I need to take care other than getting the fleet of documents ready.

What will ensure I dont get a RFE and its smooth.

Also what the potential time lines for Vermont?

ian-mstm

Your company has lawyers... what do they say?


There is *nothing* that will ensure you don't get an RFE.


This information is available on the USCIS web site... all you have to do is a bit of research to find it.

Ian

ADA_AKS

Thank you Ian for the response!

Our attorney says dont file the 140 and 485 concurrent..Reason for that is...
If 140 gets denied you will loose the 485 fees (since 485 will also get rejected)

what say you?

meauxna

Why does he think the I-140 will be denied? Is it not airtight?

ADA_AKS

i have no idea.. but seems like its a standard text they have in their initial mail
(Btw : there was text 'if I would like to file for premium for 140'.. i sent a mail saying EB1C does not have premium for 140.. then got a "oops sorry standard text forgot to delete text" )..... I am already jittery with the company attorney

I believe I have a very strong case for EB1C (Already have L1A)
I am going for concurrent (keeping fingers crossed)

crosscountryrider

This is bulls... what your attorneys says. You have "zero protection " without
concurrent filing. If your I-140 will be denied loosing the I-485 fees will be your smallest problem.

However in case you get laid off for some reasons after 180 days and your case has not been approved you can pull AC21 and transfer your case to new employer in the USA.

Without concurrent filing and denied I-140 you will have to leave the USA immediately !!

Happened to me so I know very well how this works.

Don't let anybody distracting you - Worst case I would pay the fees out of my own pocket if your company denies concurrent filing.

If you have any questions or you want to talk with my attorneys PM me !

Kind regards

CCR

MsElui

we filed concurrently earlier this year - and were told to do this/guided by one of the larger immigration law firms (Fragomen)

emartin

Not necessarily. OP will not have to leave the US if the underlying L-1 remains valid.

OP could file the 485 individually, without the company's support, once s/he has an I-140 receipt number so that CIS can match the 485 with the pending I-140. However, if the company doesn't support concurrent filing, this could really irritate them. Also, 485s can be very expensive($1010 filing fee for each adult) so waiting until the company will pay saves money.

On the other hand, if the I-140 is a strong case, I would always file the 485 concurrently. If it's an uncertain I-140, I would wait for an approval before filing the 485. Just having L-1A does not mean that OP is a good I-140 candidate. The requirements are not identical.

crosscountryrider

Hello Emartin,
there two sides of the coin as usual. Yes a self paid concurent AOS can irritate a employer. However I went trough this and got laid off while I-140 was pending - so my L1 was invalid. With a concurrently filed AOS

I would been able to stay in the US. In my particular case my employer used the separate filing to control the employees together with unethical practices .

So I see -based on my experience - that concurrent filing gives you alittle bit more protection than seperate filing.

That's also what I menat with my first response that they have to leave with a denied I-140 or in case they get laid off.

However due to the change I experienced I was able to file marriage based and that's the best thing ever happened in my life.

Kind Regards
CCR

goldenstate31

I thought they were? and if anything slightly better chances for green card approval? Than for L1 renewal As green card is 'prospective in nature'? ie based on what you are 'going to do' once you have the green card, not what you are doing now?. Where as L1 renewal is based on what you are 'doing' at the time of filing??
(again I have question marked all my sentences, as Im not 100% sure and I would not argue this if my above sentences are not correct)

emartin

The multinational manager permanent residence category requires that a person have been a manager overseas for at least a year and be a manager in the US. L-1A status doesn't require a managerial role overseas, just one year in either a managerial OR specialized knowledge position.

Both L-1A and PR can be seen as for future employment, i.e. what the person will do when the petition is approved. The L-1A extension petition should describe what the person will be doing for the new L-1 period. This is often the same as what the employee is currently doing, but could theoretically be different.

I hope this helps.