EB1C MaxOut - I140 filed

[EB1CMaxOut]

Hi All,

I am looking for help on my situation.


I am an Indian Citizen and presently in USA on L1A Visa. My L1A 07 years period has max-out date of 26-Oct-23. My EB1C I140 Petition is filed by my employer on 10-Apr-2023.

I understand that the chances of my AOS filing are very slim. Please correct me if otherwise.

My question is about my I140 application after the max-out date.

1. Can I continue my I140 application while being outside of USA?

2. As per my attorney, it suggests that I can come back on L1A after my cooling off period of 01 year and continue my filed I140 application provided that I remain with same employer and come to USA on L1A visa with similar managerial responsibilities. Any comments on this?

Please let me know if more information is needed.

Thank you.