NewStarter

Well mine in Jan 2020 is a 7 year maximum although I think I can get a work authorization card.

NewStarter

So when do I start go get worried I have an approved I-140 but my L1-A expires in about 360 days and retrogression seems to be never ending.

It was supposed to be October, then Jan etc. What happens if it keeps going?

Millski

The final action date for EB1 ROW has been advancing by 3-5 months with each visa bulletin, however the filing date has been stuck at June 2018 for some reason. Have all of your AOS paperwork ready to file and keep watching the visa bulletin every month; as soon as the filing date moves beyond your priority date get that application submitted the second that visa bulletin comes into effect! Once your I-485 has been received by USCIS you can remain in the country until it is adjudicated, you can also then file for an extension to your L1-A a couple of months before it expires just in case your AOS is denied.

NewStarter

So basically as long as it moves beyond October 15th (when I-140 was originally received, I assume that is my priority date) before next Jan and I get the other stuff in, I'll be fine to stay if I don't get an AOS decision before L status expires?

Millski

Correct, although bear in mind if your L status expires while awaiting adjudication on your AOS and it gets denied, you immediately go out of status.

NewStarter

Which makes sense, does not really matter at that point does it, as visa is up and you got denied. It would be nice to have 6 months left on L to plan though if that happens. I guess I have my company and retrogression to thank for that.

Do you think it becomes current again this year? Seems to have been stuck for a while.

How long does AOS usually take once it becomes current (bearing in mind I already got I-140 approved).

Millski

This is why it's a good idea to apply for an extension to your L1 visa ahead of time (assuming your company is willing to pay for it and you haven't already reached the maximum permissible stay for your category; I think it's 7years for L1-A), since if your AOS is denied you can remain in L1 status for the additional 2 years and even renew it for a second time, subject to approval of course.

I think there's a pretty good chance the filing date for EB1 ROW will become current this year, but probably not the final action date if the current rate of progress is anything to go by.

My AOS took just under 8 months, however I had my interview after 5 months and presumably would have been approved there and then, or soon after, had it not been for retrogression. But as always YMMV and there seems to be a lot of pot-luck involved in how quickly your case progresses through the various stages.

NewStarter

I am at 7 years start of Jan, no extension is possible. What is the difference between filing current date and final action date?

Millski

The final action date determines when an immigrant visa will become available to you, while the filing date governs when you can file your I-485 and associated paperwork to apply to adjust status. You can find these dates in tables A and B of the "Employment-based preferences" section of the visa bulletin:

https://travel.state.gov/content/tra...-bulletin.html

NewStarter

But as long as the I-485 is in the system you're still in status with the work authorization card right? That's the key bit? So that 01 October 17 has to jump to passed your priority date to actually get the GC? God this is ridiculously confusing,

Millski

Yup, you've got it. But for now you just need to worry about the filing date; as soon as it moves past Oct 15th 2018 and that bulletin comes into effect you're allowed to file your I-485 and I-765 for your EAD card. The bulletin for a given month is released on or around the 10th - 11th of the preceding month, so the February bulletin should be released in a few days.

NewStarter

Hopefully that jumps a bit and by March/April I should be able to file. The priority date is kind of irrelevant right, as long as the other stuff eventually gets approved you'll eventually have it.

So what would happen to people who are about to run out of L status and can't file I-145? They're just about to run out of status and there is nothing they can do about it? I guess that's the major worry but Jan 2020 gives me a fair bit of breathing room, for now.

Thanks for your help by the way.

Millski

Oh no worries, having just gone through it all I know how nerve-wracking the process can be!
Yeah, it's my understanding that getting the I-140 approved is the hard part; provided you get the I-485 submitted in time it's then just a case of sitting on your hands and waiting. Obviously there's the interview to get through but for me it was very straightforward. As for folk unfortunate enough to have their non-immigrant visas expire before they can file to adjust status, yes I think they are pretty much out of luck.

Millski

Just a heads-up, it would appear that from next month USCIS will stop honouring the filing dates given in the second table in the visa bulletin for employment-based AOS and instead revert back to using the FAD as the filing date, more info here:

https://www.uscis.gov/visabulletininfo

I don't know how long this will continue for but I would recommend getting in touch with your attorney to make sure they're planning ahead.

NewStarter

What does this mean, sorry I'm unsure. I also saw that it is till stuck on June 1st