Flabound oneday

well i dont need to travel and really dont want the expense of renewing unless i have to. I guess the question is - what happens after Aug 30 when my I94 expires until the GC decision ?? would i be here legally or not

goldenstate31

no you wouldnt. you would be officially 'out of status' you can file for an L1 renewal if approaching the time, it looks like you havent received a reply from UCSIS, but I very much doubt it will take them beyond 240 days.
could it? yes? will it? probably not.
just make sure at no time you are 'out of status!' as that doesnt leave you with any other option other than to leave the U.S and reapply for a new visa once you are in the UK, (all summising though if decision is beyond 240 days)

janette

I'm pretty sure you can apply for an extension of I94 if you are in status but you need to show you are legal to get the extension! Is this your first year on L1A with a start up business, and you haven't renewed yet? Going by all the warnings on this and others sites, as well as my own experience, renewing is not as straightforward as getting the original and even after I had renewed the visa and submitted the green card application, they requested the same information again. As far as I am concerned, renewing the L1A was money well spent because it gave me the extra time so I felt comfortable I was never going to be illegal. And that was with a new US company employing 15 people at that stage and a UK company with 75 employees! People kept telling me there would be no problems, and there weren't, but there were the "delaying" tactics of sending RFEs for previously provided information at both the renewal and green card stage. (EB1 category for green card, applied in March, approve June 29th, card received July th 2010)

Flabound oneday

we havent filed YET -due to next week
this would give 31/2 months till L1 expiration.

do you mean reply to the GC ? -wouldnt have one yet for eeason above.

again the 240 days mentioned - where does this come from ? cant find any mention of a period of 'grace'

Flabound oneday

apologies for caps -wanted to reply direct to each question

goldenstate31

i didnt think there was 240 days grace?? i thought once you was out of status (if not approved) you have to leave straight away

janette

1.You can only apply for extension if you provide proof of status e.g. copy of approved petition, so if your visa expires and there is no renewal receipt, this is not possible. Easy form to submit and payment of $395 (?) each.
2. I don't think avoiding renewal will save much hassle - you will probably be asked to provide the same evidence that the new company is successful and the old one is still operating properly, for your green card application. I counted on the fact that they had recently renewed the L1A as proof that they thought the company was ok, and then was asked for stuff sent in the ORIGINAL application rather than the renewal application, for the green card process!
3. 3 months was pretty quick, considering it included time for RFE, but it was a time when I had to travel back to the UK to deal with the company there, so I needed a valid L1A to ensure no problems. Personally, I wouldn't want to run the risk of being either landlocked or refused entry!
This is my personal opinion only and I have no legal knowledge so would not presume to tell you how to proceed. The person dealing with your application could be entirely different - there is no accounting for individuals!

Flabound oneday

so now i am even more confused, surely if you have an approved petition you (virtually) have a GC and then dont need an extension??

Flabound oneday

you mentioned it here :-

goldenstate31
Quote:
Originally Posted by Flabound oneday
well i dont need to travel and really dont want the expense of renewing unless i have to. I guess the question is - what happens after Aug 30 when my I94 expires until the GC decision ?? would i be here legally or not

no you wouldnt. you would be officially 'out of status' you can file for an L1 renewal if approaching the time, it looks like you havent received a reply from UCSIS, but I very much doubt it will take them beyond 240 days.

BUT was that because I mentioned it here ?

I appreciate all the replies. Can i ask if any of the respondents are a) on L1 visas and B) if so have your visas expired and if they have then what did you do?

mine runs out Aug 30 and we have been told that we get up to 240 days 'grace' whilst the Gc is being processed.

I feel a Fawlty Towers sketch coming on

S Folinsky

In reading this thread, I sense a lot of confusion caused by lack of understanding of the system. There is a lot of "comparing apples with oranges." You should have your attorney clarify things and perhaps chart things out.

Good luck.

goldenstate31

oh sorry i misread your post.
I dont understand what the 'grace' is for? do you mean the 'grace' that is given to go back to the UK if your green card isnt approved? thats what i meant by 'grace' i.e period that you are given to leave the country if it isnt approved. sorry for confusion. but yes forlinsky is right speak to your attorney as we are all getting confused!!
the one thing i do know without shadow of a doubt is you must be in status all the time you are applying for greencard!! for extra protection you can do this: L1a renewal, i-140,i-485 and EAD all at the same time! (pretty sure you can) ive seen it on this forum before.