L1-A Renewal refused under section 221(g)

[villo]

Hi,

I'm looking for some guidance on what options are available in my current situation. I have been living in the U.S. on my L1-A Blanket Petition Visa for (almost) 3 years. My Visa was due to expire in May 2020 so I traveled to London to have a new Visa issued (under the same blanket petition). After the interview the consulate officer informed me that my L1-A petition was approved, and, as a result, proceeded to cancel my existing Visa in my (now expired) passport and returned the passport back to me immediately (The cancellation stamp reads "Cancelled without prejudice"). They retained my currently-valid passport. After a few days when the Embassy returned my valid passport, it was returned without any Visa, along with a note that stated that my Visa was refused under Section 221(g), and the note proceeded to further explain that this is due to the fact that the processing of non-immigrant Visa applications is suspended at the London Embassy as a result of the COVID-19 travel restrictions that the POTUS implemented on March 14th. The note advised me to continue monitoring the information on their website, and once the travel restrictions are lifted, contact them to send my travel documents back for further processing. Along with my passport, I also received an approved I-129S, which is valid until March 2023.

At this time, it's unclear to me what my current status is:
1. My job allows me to work remotely. Does this present any immigration-related issues for me working remotely during this time? I have a cancelled Visa in my passport but a valid and approved I-129S which expires in March 2023 - I'm unsure what the implication of this is.
2. I'm aware that it's possible to "convert" the L1-A to an EB1C. My employer has historically not agreed to commence this process due to internal policies. Outside of internal policies, is anything preventing my employer from submitting Form I-140 which would then allow me to submit Form I-485? This may allow me to obtain a green card and return to the U.S. even under existing travel restrictions.
3. Are there any other options/guidance that you may have as to how to continue working if my previous I-129S expires in May 2020 and the travel restrictions aren't lifted by then? Perhaps converting to an "external consultant"? Or any other outside-the-box solutions to this?

Thank you in advance for any input.

[Libra_14]

1. My job allows me to work remotely. Does this present any immigration-related issues for me working remotely during this time? I have a cancelled Visa in my passport but a valid and approved I-129S which expires in March 2023 - I'm unsure what the implication of this is.

No, you can continue to work remotely & get paid in USA. Visa is required only for entry purpose in USA.

2. I'm aware that it's possible to "convert" the L1-A to an EB1C. My employer has historically not agreed to commence this process due to internal policies. Outside of internal policies, is anything preventing my employer from submitting Form I-140 which would then allow me to submit Form I-485? This may allow me to obtain a green card and return to the U.S. even under existing travel restrictions.

L1A & EB1C are two separate processes & can run in parallel. EB1C can be filed even if the person is not in USA.
Depend on your country of citizenship, green card can take from months to years to be issued, if you start today.

3. Are there any other options/guidance that you may have as to how to continue working if my previous I-129S expires in May 2020 and the travel restrictions aren't lifted by then? Perhaps converting to an "external consultant"? Or any other outside-the-box solutions to this?

As I mentioned earlier, with an approved petition, you can live outside USA & still be an employee of US company & get paid in USA.

[villo]

Thank you, your responses were very helpful.