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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24282
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Dear Sir My L 1 Visa expires on the 30th April 2013. I have

Resolved Question:

Dear Sir
My L 1 Visa expires on the 30th April 2013. I have Filed for an application for extention/renewal on a PREMIUM Application 0n the 16th April. I have not had no reply as yet from the state department. What happens if the L 1 Visa is not confirmed by the 30th April?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

Under US immigration law you have 240 days to continue to work while the petition for extension of your L1 is pending.



240 Day Rule

Sec. 274a.12 says:





(20) A nonimmigrant alien within
the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9),
(b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this
section whose status has expired but who has filed a timely application for an
extension of such stay pursuant to §. 214.2 or 214.6 of
this chapter. These aliens are authorized to continue employment with the same
employer for a period not to exceed 240 days beginning on the date of the
expiration of the authorized period of stay. Such authorization shall be
subject to any conditions and limitations noted on the initial authorization.
However, if the district director or service center director adjudicates the
application prior to the expiration of this 240 day period and denies the
application for extension of stay, the employment authorization under this
paragraph shall automatically terminate upon notification of the denial
decision. (Revised 1/1/94; 58 FR 69217)



Judith

Customer: replied 1 year ago.

Thank you Judith, for your expeditious reply. Is there any receipt or some form of correspondence that I would need in case my intension is seen as an illegal or deliberate action not to leave the country? In other words, would it not be seen that I am staying here illegal. I also have an application for Change of Status ( Green Card ) application pending. which was received by the State Department on the 25th January 2013?.


 


There is also a back log and delay of 4 months with this application.


 


Kind regards


Alan Duval


 


 

Expert:  Judith replied 1 year ago.

Alan

You are in a period of stay authorized by the attorney general and your I-797 fee receipts are the proof of that.

It is USCIS policy, not anything written in the law like the 240 day rule.

The policy is outlines through out this Memo

http://www.ilw.com/immigrationdaily/news/2009,0515-neufeld.pdf

Judith

 

Customer: replied 1 year ago.

Thank you Judith, for your expeditious reply. Is there any receipt or some form of correspondence that I would need in case my intension is seen as an illegal or deliberate action not to leave the country? In other words, would it not be seen that I am staying here illegal. I also have an application for Change of Status ( Green Card ) application pending. which was received by the State Department on the 25th January 2013?.


 


There is also a back log and delay of 4 months with this application.


 


Kind regards


Alan Duval


 


P.S. Would you want me to make another payment for this question Madame' Judith?


 


 

Expert:  Judith replied 1 year ago.

I do not get credit until you rate my answer. You money stays on deposit.

No there is no special form.

Anyone who is an immigration agent knows you are here in a lawful status when you have a pending extension petition or an I-485 filed and pending.

It is in that memo link I gave you.

Every person in immigration knows that a pending adjustment of status or petition extension allows you to remain in the US.

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24282
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 3 other Immigration Law Specialists are ready to help you

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