Visa getting maxed out while green card application in progresss

[Sam81]

Hi Everyone, Wanted your advise on my below situation. I am on L1A which will be maxed out by March 2022. Meanwhile my company has started EB1C process. My question is if concurrent filling happens but it’s not approved until Mar 2022 which is likely the case then what options do I have after Mar 2022 after visa will be maxed out.

1. Can I stay in US while waiting for the decision on greencard application? With very short time left,I don’t think even EAD/Advance Parrole will be approved by then to travel and renter.

2. If I need to leave US after visa max out and wait in home country, What will happen to the green card application and how the rest of the process will continue in my absence in USA ?

I really appreciate your guidance on this.

[newacct]

1. Yes, you can stay in the US for as long as your I-485 is pending, but you will not be able to work until you get an EAD or green card

[rkk09]

Hi Member,
1. Can I stay in US while waiting for the decision on green card application? With very short time left, I don’t think even EAD/Advance Parole will be approved by then to travel and renter.
Answer: As Senior Member mentioned, while your I-485 petition is pending, you can stay in the USA until you get the decision.
2. If I need to leave US after visa max out and wait in home country, What will happen to the green card application and how the rest of the process will continue in my absence in USA ?
Answer: If you dont have valid Non-immigrant visa and depending only Immigrant petition then you will need to have AP approval before you leave the country. Without AP, if you leave the country then your Immigrant petition will be abandoned.
Thanks