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

[iprasad 0]

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. I-94 valid till 04-04-2021
• 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? If I've pending application will I accrue unlawful presence? 
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.

[cd37 229]

51 minutes ago, iprasad said:

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. I-94 valid till 04-04-2021
• 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? If I've pending application will I accrue unlawful presence? 
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.

Not sure about L1 but for h1b i believe its 60 days grace period after losing job when you have to either find another job or leave country. Your i 140 is approved more that 180 days ago so your employer cant revoke it. It will remain valid. You need a lawyer to understand EB green card process, generally if there is no job, i dont believe you can continue EB process but EB1 could be different.

 

you cant go to B2 from L1 visa.

Edited May 20, 2020 by cd37

[xyz12345 260]

10 hours ago, iprasad said:

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. I-94 valid till 04-04-2021
• 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? If I've pending application will I accrue unlawful presence? 
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.

1) imo since they'll be giving you 4 weeks salary in advance, then your last work day should be May 15 + 4 weeks later?

 

2) The following article might be helpful to you:

https://www.alllaw.com/articles/nolo/us-immigration/laid-off-before-get-green-card.html

 

3) Get yourself a consultation asap. You might think your situation is hopeless -- but you'd never know until you ask around.

 

Good luck!