Flabound oneday

scenario
L1 expires 30 August

GC application is in...but who knows when

problem. we are not going to renew the L1, we have 2 dogs to transport back IF we go back to England. one cannot fly so we are looking at him going by boat BUT we almost need to book now.(cunard are booking dogs into 2014 !!)

Question . what options do we have if we havent heard about the GC soon....i am thinking B2 ( but doesnt that have to be applied for in person in England and also can you apply before the L1 expires ) or if we wait for a decision on the Gc and it goes beyond Aug 30, if its a no, am I right that we get little (or no) 'grace' to put our affairs in order ?

basically we dont want to wait until the last minute

we almost have to decide sooner than later and bite the bullet as there is so much to organise

any thoughts gratefully recieved

jxv73

Need more info... what "green card" category are you applying for? how far along the process?
You can change status to B-2 inside the US but that is a high hurdle if you already have an I-130 or I-140 naming you as the beneficiary

jxv73

Do you mean an immigrant petition (I-130 or I-140) or an AOS (I-485)?

Flabound oneday

I 140 application concurrent with a 485, we are 15 months into the process and no decision

jxv73

If you applied for AOS, then you can remain legally in the US once your L-1 expires with no need to renew it. No need for B-2 or any other category.

Some people like to keep the L-1 "just in case" AOS gets denied, but again, this is not necessary.

Did you apply for an EAD and AP? If so, you can use the EAD to keep working and the AP to travel. Do not leave the US under any circumstance without a valid AP in hand.

By the way, 15 months waiting for an I-140 is the kind of thing that your employer should contact a congressman or senator about. If the I-140 has been approved but the 485 is pending, then YOU should call the congresscritter.

Flabound oneday

thanks, I know about the EAD and Ap, my question is I guess. Once the L1 is expired , IF the GC is then denied -what time span/grace do I have..........

our issues are the logistics of having to suddenly sell a house etc but mostly of concern is transporting the dogs.one has to go by sea and you cant just book a passage..................

BTW I AM the employer !! 15/12 overall, its been 5 since we replied to the RFE with nothing since.............

jxv73

There is no "time span" or "grace period". You can file a motion to reopen and fight the denial.

Has your I-140 been approved? What category?

Flabound oneday

no neither has been approved, i am EB1C

the motion to re-open/appeal route should give us the time we need to sort out things

goldenstate31

If its denied dont appeal. The original decision is hardly ever over turned. I think its less than 5% are over turned from original decision. Has your attorney submitted to uscis a formal service request in writing??