GC Processing on L1B to L1A Extension

[Karan84]

Hi ,
There is very urgent situation and I need your help. I have done H1 with
employer B in year 2013 and got COS approved from 1st Oct 2013. I am still
working with my employer A on L1B till today (10th Nov) and my L1-B
Visa/I-94 is expiring on Jan-14.

Now the situation is , employer A wants to retain me on L1 and wants to file
my GC in Jan-2014 along with my L1B to L1A Conversion and asking me to
revert back my status to L1 by travelling outside of States. Here are my
questions :-

1. Can employer A file by Greencard in Jan-14 along with my L1B to L1A
conversion (as I wouldnt be in any status), if yes how much time will it
take until it is in I-140 status and I can stay in US without any problem
and lets say they are filing in EB-2 as I dont think they can do EB-1 as I
wouldnt be eligible for that.

2. Will that be fine to travel outside to Mexico now and enter on L1 again?

3. Can I go to India in June-14 when my GC is in process, will it have any
impact on my GC?, I guess I need to take some parole permission , please
suggest.

Thanks in advance.

[raghvi]

Firstly, as you did a COS, your current employment with L1 Employer A is not valid. You technically are out of status currently as you are not with the H1 employer.

Your employer is right in asking you to leave US immediately and return on L1 visa in order to get back to L1 status.

Now a conversion from L1B to L1A should be tried after your successful re entry only. The challenge you can face is when you return on L1B you might be given L1B I-94 only till Jan 2014. Which will allow you very limited time to file extension and L1B to L1A conversion.

1. As for GC, its another process all together and can be filed any time. I really doubt the chances of getting even Perm approved for EB-2 in such a short time frame. Most of the EB1 and many of the EB2 labor are going to Audit nowadays.

2. Yes it can be possible.

3. As for Advance Parole I dont think it is avaialble till Priority Date is current, which in an EB-2 case may not be current for another 5-6 Years. So when you go to India in June 2014, you will need to go for fresh Stamping in order to be allowed re-entry.

This is my opinion not legal advice.