L1A maxed out but I797 valid

[Garfield13]

My 7 years stay in US on L1A completes in Oct 2020 but when I applied for the last extension, my I797 got approved till Jan 2022. Can I stay and work in US till Jan 2022 or will I have to leave the country in Oct 2020 when my 7 years get completed.

My EB1 was applied in Feb 2019 and I-140 also approved but AoS not applied

Any help answering this would be appreciated

[R78]

Max time on L1A is 7yrs. You will then need to stay outside the US for 1 yrs and apply for a fresh L1A (no limit) or H1 visa (subject to cap gap)

[Libra_14]

Legally you should not stay in USA on L1A after completing 7 years of your stay - even though your petition/visa is still valid.

Rather, I would suggest you move back to your home country little early (before even completing 7 years of your stay) & wait for your priority date to become current & then apply for extension for your remaining period (whatever remaining in 7 years) & enter USA & then apply for your AOS.

[Garfield13]

Thanks..a followup question . My current status is as below:

L1A Visa Maxout (7 years including all vacation ) - Oct 2020
EB1 priority date- Feb 2019
Current I 797/I-94 expiry - Feb 2022

If my priority date becomes current next month and my AOS (i485) is applied, can I stay and work beyond October 2020 even if my EAD is in applied status?

[Libra_14]

Thanks..a followup question . My current status is as below:

L1A Visa Maxout (7 years including all vacation ) - Oct 2020
EB1 priority date- Feb 2019
Current I 797/I-94 expiry - Feb 2022

If my priority date becomes current next month and my AOS (i485) is applied, can I stay and work beyond October 2020 even if my EAD is in applied status?

You can surely stay as pending AOS. But you’ll need EAD to work.

[Garfield13]

Thanks. So the I797/I94 till Feb2022 has no significance since the 7 years on L1A is complete by Oct 2020.. irrespective of AOS?

[R78]

To stay in the country, your AOS date must be current on or before October and you must file before the L1A ends (Oct End)
Once you have applied for AOS and obtain the receipt from USCIS, you can continue to stay as long as the AOS is adjudicated.
When sending the AOS (I-485) forms, you can also apply for EAD (I-765) and AP (I-131) in the same package.
You can continue to work till your L1A expires (Oct 2020) and then stop, until you receive an EAD.