EB1-C Waiting List


Rama3430

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Hi, 

My employer has filed for I485, I140  along with AP under EB-1C concurrently and awaiting a decision from USCIS.  My priority date is 30-Mar-2018. My I-765 has been approved on 18-Sep-2018 and I am waiting for my EAD card to arrive. I am currently in L1-A status and have I-94 valid till 21-June-2019.  

I have received a communication from my company attorneys as below today.  I looked into the USCIS pages related to 'Pending Employment-Based I-485 Inventory' and have below questions.

1.  With my EAD, I hope it will be valid till 18-Sep-2019, will I be able to work in the USA for the same company, even beyond my L1-A I-94 expiry date of 21-June-2019 ?

2.  Based on the below fact, IF my I485 & I140 approvals get delayed beyond 18-Sep-2019, will I be able to extend my EAD for another year and continue to stay & work in the USA?  

As you may know, the US Government created a waiting list for the EB1 category over the summer, which prevented US Citizenship & Immigration Services (USCIS) from issuing green card approvals in the EB1 category over the last several months.  Unfortunately, we learned that the government plans to keep the waiting list in place for a much longer duration than previously anticipated.  This new development impacts you.  
U.S. immigration law divides intending immigrants into preference categories, where the wait time (if any) for a green card or immigrant visa depends on the 
preference category 
and applicant’s country of birth.  Due to the demand for green cards exceeding the supply in many categories, waiting lists have developed and are, in some cases, quite long.  Historically, there has been no waiting list for the EB1 category, but now, for those born in India, the waiting list exceeds 2 years.  Your place in the waiting list is called your "priority date," and your priority date is the date the EB1 I-140 immigrant petition was accepted for processing by US Citizenship & Immigration Services (USCIS); USCIS' approval of the I-140 immigrant petition locks in the priority date for you.
Until your priority is current, USCIS will not make a final decision on the pending I-485 Application for Adjustment of Status (AOS) for you and your dependent family members.  

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