L1-A and got laid off. Looking for change of status temporarily to stay in US

[iprasad]

Hi all,

Following is my timeline.

• July 2014: First Entered this country on Initial blanket L1-A valid till 25th March 2017
• May 2017: L1-A individual petition approved until 25th March 2019
• June 2017: EB3 PERM/LABOR filed
• Feb 2018: EB1-C I140 filed
• June 2018: EB1-C I140 approved
• June 2018: EB3 I140 approved
• Nov 2019: L1-A individual petition approved until 25th March 2021
• 15th May 2020: My employer formally ended my employment and notified me via email. Instead of giving me 4 weeks notice they gave 4 weeks of salary.

Now having lost my job I’ve following questions.

1. Considering current COVID-19 situation how much time do I have before I fall out of status? Or If I’ve to, by which date I should leave this country? How this departure date will be impacted considering there are no flights going back to India.
2. Is there an option to temporarily extend my stay in this country legally/officially? For example, is it possible to apply for in-country Change Of Status from L1-A to B2?
3. What happens to pending EB1-C green card with my employer? Will that stand revoked since I lost my employment with the sponsoring company? Or Could I still be eligible to get Green card when EB1-C priority date becomes current.

Looking forward to your response.

Thanks,

IP.

[Libra_14]

Considering current COVID-19 situation how much time do I have before I fall out of status? Or If I’ve to, by which date I should leave this country? How this departure date will be impacted considering there are no flights going back to India.

I am not aware of any special rule from USCIS to count such cases for out of status. You should leave USA within 30/60 days of loosing your job.

Is there an option to temporarily extend my stay in this country legally/officially? For example, is it possible to apply for in-country Change Of Status from L1-A to B2?

Certainly, you can change your status from L1 to B2 & continue to stay in USA.

What happens to pending EB1-C green card with my employer? Will that stand revoked since I lost my employment with the sponsoring company? Or Could I still be eligible to get Green card when EB1-C priority date becomes current.

EB1 & L1 are 2 totally different processes, EB1 GC is for future employment & company cannot revoke it after 6 months of approval date. Your priority date will still stay with you - even if you leave the company.

So, now you've 2 options, if you leave USA:
1. If your company is fine giving you documents & support to apply for your GC via consular processing from India - once your priority date is current.
2. You find a new employer in USA, ready to file for your new I140 with your existing priority date.