GC and I-94 Extension


feeniks

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Hi, 

My Current State:

- Entered USA on an L1A Individual Visa in 2010

- Visa expired on 20-Apr-2013

- My company applied for an I-94 Extension in April-2013

- So far, NO communication (approval/denial/rfe) from USCIS
My company has agreed to file Green Card for me (provided I am eligible) under EB1C category

 

So, my questions: 
 

1. Given that I have not received any decision on I-94 extension, can my company still go ahead and file for my GC? 

 

2. If Yes, can I continue to stay and work with my company if I get my I-140 approval? Basically, can I stop worrying about the I-94 Extension...whether it is approved or denied?

 

3. Is it possible to do a premium processing for I-140?

 

Please help...

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Individuals present in the United States while waiting for a timely filed extension or change of status to be adjudicated by the USCIS are considered to be present in an authorized period of stay. Depending on the circumstances, they may continue to work for some period of time while waiting for a decision by USCIS. An approved I-140 by itself does not provide any work authorization or permission to remain in the United States; an I-485 would have to be filed and ancillary work authorization and travel documents approved if one wanted to cease being dependent on nonimmigrant classification to remain and work in the US while waiting for a decision on the green card application. Premium Processing of I-140 filed in the EB-1 Multinational Executive Manager Transfer classification is not available.

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