If you have filed for AOS but L runs out, you can stay in the country?
Nov 22nd 2019, 1:29 am
#1
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If you have filed for AOS but L runs out, you can stay in the country?
Can you stay in the US even if your I-94 is expired with an I-485 in the system? I think I will be in that scary position soon, as I don't have an EAD and L is running out 
Retrogression killed me last year
Retrogression killed me last year
Nov 22nd 2019, 1:48 am
#2
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Re: If you have filed for AOS but L runs out, you can stay in the country?
Yes, the pending I-485 allows you to stay in the USA. But you can't work without a valid visa or EAD in hand.
Rene
Rene
Nov 22nd 2019, 1:50 am
#3
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Re: If you have filed for AOS but L runs out, you can stay in the country?
Thanks so I would basically have to resign from my company because I can't work if L runs out and my EAD doesn't come in time.? Does that not in turn somehow effect my approved I-140? Or is it just about your status at the time.
Nov 22nd 2019, 2:33 am
#4
DE-UK-NZ-IE-US... the TYP
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Re: If you have filed for AOS but L runs out, you can stay in the country?
An EB1c is for future employment, it can be applied for even if someone is not employed yet.
Nov 22nd 2019, 11:41 pm
#5
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Re: If you have filed for AOS but L runs out, you can stay in the country?
How long has your EAD been pending for?
Jan 24th 2020, 8:48 pm
#6
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Re: If you have filed for AOS but L runs out, you can stay in the country?
I left the US apply to recapture some time on my L, which was succesfully renewed. I left the country after AOS had been filed for which made me a little nervous but apparently on L and H status you can leave and re-enter after filing without it being abandoned? Hopefully this is correct anyway!
I have recaptured time and re-entered in L, my EAD has also come through - so I think I should be good until my interview now. In the latest Visa Bulletin the final action date has also now past my PD. I am not sure this means much though apart from when I finally do get an interview date that a GC will be available for me. The current online status of my pending I-485 jsut saying that the fingerprints have been applied to my case so I guess a waiting game. I only filed in October.
I have recaptured time and re-entered in L, my EAD has also come through - so I think I should be good until my interview now. In the latest Visa Bulletin the final action date has also now past my PD. I am not sure this means much though apart from when I finally do get an interview date that a GC will be available for me. The current online status of my pending I-485 jsut saying that the fingerprints have been applied to my case so I guess a waiting game. I only filed in October.
Jan 27th 2020, 1:36 am
#7
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Re: If you have filed for AOS but L runs out, you can stay in the country?
If you have a pending I-485 and have run out of nonimmigrant time, don't you require Advance Parole in order to leave the US without abandoning your application for adjustment?
