L1A expiring - 7 years in Dec 2013. Filing GC under EB1 in Aug 2013

[zackopaw]

My question is if GC is not approved under EB1 by Dec 2013, what will be the status ?

Will i be able to continue since EB1 is filed or I have to leave the country
Incase I have to leave the country will GC-EB1 application be withdrawn or it can continue?

Thanks for your time.

[raghvi]

My question is if GC is not approved under EB1 by Dec 2013, what will be the status ?

Will i be able to continue since EB1 is filed or I have to leave the country
Incase I have to leave the country will GC-EB1 application be withdrawn or it can continue?

Thanks for your time.

One should never wait till So late to file a GC. And even if late one should try to move to H1.One needs to be in valid status while in US and L1A can be for max 7 years. First approach try to see if you can recapture some of the period. If you haven't physically stayed in US for 7 years , the time spent outside can be recaptured. If there is no time to be captured you will have to leave. GC processing can continue while you are outside. Eventually you will need to return to US, the only other option would be to come on H1 again next year or try L1 again, after staying for entire one year.

This is my opinion not legal advice.