concurrent filing -EAD/AP approved, 495 pending, 140 denied

[MKSN]

Entered USA on L1. completing 7 years on L1 A in a month . Did concurrent filing AOS and 140 together ..GC EAD/AP approved , 485 is pending. but 140 denied.. Refiled a new 140. pls advise on below.

1) Hope i can continue on GC EAD after L1 expiry until the decision on 485 and new 140

2) If my 485 is denied 6 months from now ,  am i considered unlawful stay from the 485 denial date or from the L1 expiry date? pls note i have entered US on L1 and NOT AP.

3) Can we link new 140 that i filed with existing AOS?  or Should new AOS be filed? 

[Attorney_22]

On 12/16/2022 at 11:13 AM, MKSN said:

Entered USA on L1. completing 7 years on L1 A in a month . Did concurrent filing AOS and 140 together ..GC EAD/AP approved , 485 is pending. but 140 denied.. Refiled a new 140. pls advise on below.

1) Hope i can continue on GC EAD after L1 expiry until the decision on 485 and new 140

2) If my 485 is denied 6 months from now ,  am i considered unlawful stay from the 485 denial date or from the L1 expiry date? pls note i have entered US on L1 and NOT AP.

3) Can we link new 140 that i filed with existing AOS?  or Should new AOS be filed? 

If the underlying basis for an I-485 is denied, it is likely the I-485 will eventually be denied. If you are maintaining a nonimmigrant status when this occurs you can remain in the U.S. If however, you are only in a period of authorized stay due to the pending I-485, once that I-485 is denied you will be out of status and accruing unlawful presence. This is a serious situation that should be discussed with your immigration attorney.