Options to stay in USA for EB1-A if PD date is not current, Visa is expiring


I wanted to know what happens when in EB1A I-140 is approved for Indian national and AOS(for I-485) priority date is 2016 and current work visa expires in Dec-2020? Employer is not willing to extend visa.

Can one stay in US after DEC as I-140 is approved or one has to go back to home country and wait for date to be current to apply and come back to U.S?

Is there any way in which one can work here after visa expires with approved I-140? Would appreciate prompt response.

You have to leave US and wait outside US for your PD date to get current if you cannot switch over to any other type of work visa like H1B.

Thank you for your prompt response, Anil.

For EB1-A category, in the visa bulletin for EMPLOYMENT-BASED PREFERENCES LIST should one look at A.) Final Action Date or B.) Dates for filling? Which of these shows the PD for EB1-A?

Both show the valid dates but their purpose is different.

Your green card cannot be approved until the date is current in ‘final action’ chart.

Thank you for your prompt response. Is it possible to apply for a new work visa along with Change of Status application to EB-1 (concurrently) to be able to start working and continue staying in the U.S while the new decision is pending?