L1A Visa possible options to stay in US after 7 years

L Visa
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Hi, I have approved I140 on EB1C with PD 21st Dec 2017… as my PD is not current for applying I485 i am waiting to become current… my L1A is max out with all possible options by 27th Jan 2021… if my PD is not current by December 2020… what all options do i have to stay in US…

My attorney is telling I can apply for H1B for 2020, if it gets picked up in lottery and approved then i can stay with out any issues… do we have such options if not what all other options do i have in my hand

Thank you for your kind help…

2

Your attorney is right. I do not see any other option.

3

Thank you for quickly reply… :blush:

4

Hi Anil,

Sorry for getting into topic once again… When i was going through some web links… lot of links are telling AC21 rule is applicable only for H1s… if you are on L1A and you are done with 6years then you can’t apply for H1 with L1A 140 approval… but those links are from 2015… may be till now EB1C has not seen this type of issues… in recent days any rule got changed? so that i am eligible for H1 cap? Thanks for you help

5

Hi @Ravi_Kumar

As far as I know, there is no such rule change that has happened.

6

Hi Anil,

Thank you for reply, Just to avoid confusion… I am on L1A and jan 2020 i will complete my 6 years… so still i can apply for H1B using my L1A 140 right… that is what my attorney and you both confirmed…
Planing to apply 2020 H1b lottery … thank you…

7

Hi Anil,

Is my question confusing? do you need more clarification? Please do let me know, thank you…

8

Hi @Ravi_Kumar

I did not think that it was a question. I thought you understood the whole thing. Your understanding is right.

9

Thank you Anil… I was going thorough Who may apply I765(EAD) from USCIS web site… I found some interesting point under 8th Point… I am copy pasting… is this something L1A can use right?

Principal Beneficiary of an Approved Employment-Based Immigrant Petition Facing Compelling
Circumstances–(c)(35). File Form I-765 with documents showing that you are eligible for an initial grant or a
renewal of employment authorization under the (c)(35) eligibility category.
A. Initial Application: If this is your first application for compelling circumstances employment authorization
under the (c)(35) eligibility category, and an immigrant visa number is not yet available to you, you may be
eligible if:
(1) You have NOT filed Form I-485;
(2) You have a Form I-140 approved on your behalf;
(3) You are in the United States in a valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status; and
(4) You face compelling circumstances.
See Item C. Supporting Evidence by Principal below for more information regarding what documents to
submit with your application, including additional requirements where you have been convicted of certain
crimes.

10

Hi @Ravi_Kumar

Do you have any compelling circumstances that are unique to you and not faced by any other L1 visa holder?

11

Hi Anil,

I am still reviewing that part … i do have one question… if we move to Compelling Circumstances EAD and our PD is becoming current, are we eligible to apply I485? please confirm, thank you…

12

You should be eligible to file i485 if you are in US at the time of PD date getting current.

13

Thank you Anil this will help me…

14

Hi Anil,

This is what i found in USCIS web site…
Check list for filing I485… just copy pasting two points which are relevant

  • Documentation of immigrant category, such as a copy of Form I-797, Approval or Receipt Notice, for the immigrant petition (unless you are filing your Form I-485 with the petition, such as Form I-140)
  • Evidence you continually maintained a lawful status since arriving in the United States (or that you are exempt under 245(k) from the INA 245(c)(2), (7) and (8) bars)

Below is for Compelling EAD
NOTE : If you receive a compelling circumstances EAD, and begin working based on this EAD, you will no longer be maintaining your nonimmigrant status. However, you generally will not accrue unlawful presence in the U.S. while the EAD is valid or, if you filed a non-frivolous application on time, while your application is pending.

15

In that case, please consult an attorney as I have not seen a similar case before.

16

Sure Anil, thank you…

17

hi team,

Need your help or advise or any suggestion on best course of action with below query? I really appreciate your time and response on it!!! thank you in advance!!

I’m on L-1 A and my 7 year visa max out including recapture days will be until 10/2022. My employer is yet to file i-140 in 1/2021. Accordingly as i understand the priority date to be current could be 5/2023 based on the oct visa bulletin. I see a short of 8 months as of today. Questions i have are:

1.Can we legally stay and work in US for these 8 months until the dates are current ie between 10/2022 to 5/2023?
2. If not, do we have to go out of country and file AOS DS-260 through consular processing and if so, are we legally allowed to stay out for 8 months or so until this AOS is filed at US embassy in India?
3. Will the employer allow to stay for 8 months outside of US and are they legally allowed to pay?

Does anyone had a similar experience and what was done?
All i was looking is that we wanted to stay and work in US until the dates are current, so please provide alternative solutions that can help us. thank you!