L1A extension RFE'ed - Filing for i140 and i485

[Random_Jerk]

Hi. I'm new to this forum and appreciate your assistance for my query. I'm on L1-A for the last 3 years, and filed for the extension, as my existing VISA and i94 will be expiring in the next few weeks. My L1A extension has been RFE'ed and I'm in the process of answering the RFE. 

 

Meanwhile my employer agreed to file my GC in the EB1-3 category, with concurrent filling of i140 and i485. My question basically is as follows:

 

1) Can I file my 140 and 485 beyond my VISA and i94 expiry date, while my L1-A RFE is being answered ? 

2) If yes to 1, what should I mention as my current status in the 140 and 485 documentation?

3) If my L1-A extension gets rejected, does that cause additional risk to my 140 and 485 prospects?

 

Thanks in advance for your help.

 

[Belle]

1. Yes.

2. Ask your lawyer. It would be much prefered to file before your I-94 expiration.

3. Yes, but the impact is on I-485 only. If your extention of status is denied, your I-485 will be denied. Assuming your I-140 is approved you may either 1) refile I-485 when you are in status or 2) file for consular processing outside the US.

[Random_Jerk]

Thank you sir for your quick response. You cleared all my questions

[pontevecchio]

Even in the environs of the former Industrial Heartland Belle usually means a lady.

[Belle]

Even in the environs of the former Industrial Heartland Belle usually means a lady.

LOL!

[Attorney_22]

Slight edit to Belle's usually complete answers for #3 above, the I-485 will only be impacted if the applicant was out of status or violated their status for more than 180 days.