My journey continues
Nov 21st 2018, 4:12 pm
#31
I don't (often) bite
Thread Starter
Joined: Dec 2015
Location: Deerfield Beach, FL
Posts: 194
Re: My journey continues
A lot has happened since this last entry, so to update you...
Basically I got hit with an epic RFE, almost like the attorney had not submitted any associated paperwork whatsoever. While my employer and the attorney are responding to that, they also decided we should apply to extend my L-1 status and that paperwork was submitted to USCIS yesterday. This raised a question for me: Assuming the L1 extension is approved (and I'm assuming nothing at this stage), I know this only extends my I-94. However, I need to return to the motherland shortly and know that my PED on my existing L1 will expire soon. So, if I go back to England after the original PED expiry, what do I need to do to return to the US? Do I need to revisit the embassy to get a new L-1 or just carry my I-797 approval notice, etc?
Can't seem to find anything definitive.
Basically I got hit with an epic RFE, almost like the attorney had not submitted any associated paperwork whatsoever. While my employer and the attorney are responding to that, they also decided we should apply to extend my L-1 status and that paperwork was submitted to USCIS yesterday. This raised a question for me: Assuming the L1 extension is approved (and I'm assuming nothing at this stage), I know this only extends my I-94. However, I need to return to the motherland shortly and know that my PED on my existing L1 will expire soon. So, if I go back to England after the original PED expiry, what do I need to do to return to the US? Do I need to revisit the embassy to get a new L-1 or just carry my I-797 approval notice, etc?
Can't seem to find anything definitive.
"The Petition Expiration Date (“PED”) listed on a visa stamp generally reflects the I-797 expiration date and the final date on which a foreign national can enter the U.S. using that visa without a new I-797 approved. While the PED is typically the same as the visa stamp’s expiration date, this is not always the case.
L-1A and L-1B nonimmigrants are often issued visa stamps valid for five years. However, the PED listed on the visa stamp will correspond with the (shorter) L-1 expiration date on the I-797. To re-enter the U.S. after the PED, the L-1 foreign national will need to present their visa stamp and a new I-797 reflecting an extension of L-1 status beyond the PED.
PED example: A foreign national was issued an I-797 authorizing L-1A status from October 1, 2016, to September 30, 2019, by USCIS. The foreign national obtained a visa stamp from the U.S. Consulate in his home country, which is valid from October 1, 2016, to September 30, 2021 (the full five years allowed) and reflects a PED of September 30, 2019 (the period authorized on the I-797). The foreign national enters the U.S. and is issued an I-94 by CBP that is valid until September 30, 2019.
Prior to September 30, 2019, the foreign national is issued a new I-797 reflecting the extension of his L-1A status until September 30, 2021. Between October 1, 2019, and September 30, 2021, the foreign national can re-enter the U.S. by presenting the visa stamp with the expiration date of September 30, 2021 (and PED of September 30, 2019) and the new I-797 authorizing his L-1A status until September 30, 2021. The foreign national will be issued an I-94 to September 30, 2021."
Nov 22nd 2018, 4:19 am
#32
BE Forum Addict
Joined: Dec 2005
Location: Colorado Springs
Posts: 1,214
Re: My journey continues
Did you get your Advance parole / EAD combo card?
If so, you could travel and reenter on that. With the risk that if your 485 got denied, you have to leave.
I know most recommend keeping the EAD/AP as a 'backup' status and using the non-immigrant status and renewing that until you can't, and then finally switching to the EAD.
Does your lawyer think you'll navigate through the RFE, or is it really looking 50/50?
If so, you could travel and reenter on that. With the risk that if your 485 got denied, you have to leave.
I know most recommend keeping the EAD/AP as a 'backup' status and using the non-immigrant status and renewing that until you can't, and then finally switching to the EAD.
Does your lawyer think you'll navigate through the RFE, or is it really looking 50/50?
Nov 22nd 2018, 12:14 pm
#33
I don't (often) bite
Thread Starter
Joined: Dec 2015
Location: Deerfield Beach, FL
Posts: 194
Re: My journey continues
Did you get your Advance parole / EAD combo card?
If so, you could travel and reenter on that. With the risk that if your 485 got denied, you have to leave.
I know most recommend keeping the EAD/AP as a 'backup' status and using the non-immigrant status and renewing that until you can't, and then finally switching to the EAD.
Does your lawyer think you'll navigate through the RFE, or is it really looking 50/50?
If so, you could travel and reenter on that. With the risk that if your 485 got denied, you have to leave.
I know most recommend keeping the EAD/AP as a 'backup' status and using the non-immigrant status and renewing that until you can't, and then finally switching to the EAD.
Does your lawyer think you'll navigate through the RFE, or is it really looking 50/50?
The attorney was surprised it came back at all, they’ve said all along it’s a straightforward case. But I’m now taking nothing for granted, at all. I guess the outcome of the L-1 renewal, which was put in with premium processing, will give a good indicator.
Nov 29th 2018, 10:51 pm
#34
I don't (often) bite
Thread Starter
Joined: Dec 2015
Location: Deerfield Beach, FL
Posts: 194
Re: My journey continues
I’ve just got word that my company’s I-129 for my L-1A extension was approved. Including Thanksgiving, the premium processing only took 7 days.
2 years of safety now, while we wait for that coveted I-140/485 combo.
2 years of safety now, while we wait for that coveted I-140/485 combo.
Nov 30th 2018, 12:00 am
#35
BE Enthusiast
Joined: Feb 2015
Location: New Jersey, USA
Posts: 565
Re: My journey continues
Sorry that you got a horrible RFE, hopefully it'll be approved when the response is submitted.
Also quite amusing to see my old post in this thread...
I've had my green card for almost a year now so this prediction certainly didn't come true, it seems that everything has gone a bit weird recently, EB-1 ROW being retrogressed too 
Also quite amusing to see my old post in this thread...
Nov 30th 2018, 12:08 am
#36
I don't (often) bite
Thread Starter
Joined: Dec 2015
Location: Deerfield Beach, FL
Posts: 194
Re: My journey continues
Dec 13th 2018, 7:44 pm
#37
Just Joined
Joined: Feb 2016
Posts: 23
Re: My journey continues
The RFE response we put together was huge due to the sheer amount of evidence they asked for, it made the original submission look like a summary in comparison. We submitted the evidence mid-November and today I got the I-140 approval. Hang in there and best of luck.
Last edited by Crux; Dec 13th 2018 at 7:55 pm.
Jul 12th 2019, 3:19 pm
#38
I don't (often) bite
Thread Starter
Joined: Dec 2015
Location: Deerfield Beach, FL
Posts: 194
Re: My journey continues
I haven't been around here lately (sorry about that) as I've been putting my immigration status to the back of my mind recently since my RFE response went in late last year. There's no real update here and my status is still RFE Response received, and has been this was since early December.
Over 200 days now and still waiting for RFE response. Not sure what to think anymore.
Over 200 days now and still waiting for RFE response. Not sure what to think anymore.
Jul 12th 2019, 4:52 pm
#39
Forum Regular
Joined: Oct 2013
Posts: 66
Re: My journey continues
I haven't been around here lately (sorry about that) as I've been putting my immigration status to the back of my mind recently since my RFE response went in late last year. There's no real update here and my status is still RFE Response received, and has been this was since early December.
Over 200 days now and still waiting for RFE response. Not sure what to think anymore.
Over 200 days now and still waiting for RFE response. Not sure what to think anymore.
Jul 12th 2019, 5:07 pm
#40
I don't (often) bite
Thread Starter
Joined: Dec 2015
Location: Deerfield Beach, FL
Posts: 194
Re: My journey continues
Thank you for the reassurance. The other thing that's making me less jittery, is that retrogression from the August bulletin has taken my priority date to after the final action date so I couldn't actually get a Green Card anyway. Thank God I filed concurrently!
Jul 12th 2019, 5:09 pm
#41
Forum Regular
Joined: Oct 2013
Posts: 66
Re: My journey continues
Always welcome. We are now telling our employees to file the EAD/AP 9 months before it becomes due, as they are now taking around 8 months to process. Whilst the employment part of the card continues to work for 6 months, the AP part doesn't and when they need to travel, it gets messy... fast...
Jul 12th 2019, 5:11 pm
#42
I don't (often) bite
Thread Starter
Joined: Dec 2015
Location: Deerfield Beach, FL
Posts: 194
Re: My journey continues
Always welcome. We are now telling our employees to file the EAD/AP 9 months before it becomes due, as they are now taking around 8 months to process. Whilst the employment part of the card continues to work for 6 months, the AP part doesn't and when they need to travel, it gets messy... fast...
Aug 11th 2019, 7:56 pm
#43
Forum Regular
Joined: Nov 2012
Posts: 84
Re: My journey continues
You're one of the lucky ones I am sitting here with an approved I-140 but running out of status and could not file concurrently
Aug 15th 2019, 4:43 am
#44
I don't (often) bite
Thread Starter
Joined: Dec 2015
Location: Deerfield Beach, FL
Posts: 194
Re: My journey continues
Well, would you believe it? 807 days of torment and waiting for a decision on the I-140. Those magical words...
Case Was Approved.
Case Was Approved.
Aug 15th 2019, 2:26 pm
#45
Forum Regular
Joined: Dec 2007
Location: Houston, TX
Posts: 251
Re: My journey continues
That's great. Congratulations!