i539 and maintaining L1A status in grace period

[Kainkain 0]

My case:

I am on L1A. My attorney's filed my i140 application last week (for a green card). Meanwhile, I lost my job. Last day of employment is June 26. I have grace time to live in the US till Aug 25.

Additionally, my spouse's company is sponsoring her L1A.

 

If I file i539 to change status to L2, can I continue to look for a job in my L1 A company ? my L1A is valid till 2025. I would prefer to continue with L1A as that will enable a green card processing in next 1-2 years.

Thanks.

[Boiler 45,525]

To change to a L2 your spouse needs to have her L1, also I think a L2 visa would be better both for speed and work authorisation.

[Kainkain 0]

1 hour ago, Boiler said:

To change to a L2 your spouse needs to have her L1, also I think a L2 visa would be better both for speed and work authorisation.

I agree that an L2 will enable me to work, however, that way I might lose my i140 status too. Right ?

[Boiler 45,525]

I 140 is not a status so not sure what you mean.

[Kainkain 0]

9 minutes ago, Kainkain said:

I agree that an L2 will enable me to work, however, that way I might lose my i140 status too. Right ?

The company has filed the i140 petition for me to get a green car. I meant I might lose that petition process if I take an L2. Is that right ? 

[Boiler 45,525]

No

 

If the Company has let you go I would be more worried if they will carry on with the I 140 etc.

[Kainkain 0]

This is where my head is at and would love your insight:

After my spouse gets an L1A, I apply for i539 in the last week of stay i.e. ~Aug 20.

While I wait for i539 approval, I will be eligible to continue my stay, uninterrupted, in the US. I understand I can't apply to any other employer (except my current L1A sponsor) while I wait for 6-8 months for approval.

Question: can I still apply to my current company (my L1A employer) after the grace period i.e. post Aug 25 during the i539 approval wait period?

Trying to find the best course for action to not interrupt my greencard application, and continue to be in the US, uninterrupted. 

[Kainkain 0]

Then I can apply to i539 and then stay beyond the grace period i.e Aug 25. Then apply for my interview for L2, go to my home country , get an L2 S an return to work.

[Boiler 45,525]

Let us start by saying that I can see potentially a lot of issues but I do not know your full story so I am going to stick to the questions you asked.

 

I 539 has been taking over a year to process, I have seen a few much quicker but not sure what the norm is and I certainly do not know how long they will take to process yours.

 

Normally most people change to a B, like I said to get a L your spouse needs a L first and that raises multiple questions.

 

As part of the separation agreement I would want to make sure they Employer will carry through with the L, also begs the question which EB and where you are from, some Countries are very backlogged.

 

[Kainkain 0]

Here are the steps I am contemplating:

1. My spouse has an L1. So, that makes me eligible for an i539 (for L2) or an L2 VISA from the home country.

2. I would like to stick around in the US till end of August / beginning of July for an event i.e.a couple of weeks beyond my grace ends.

3. The only way to do that, (I am thinking aloud here), is to first apply for an i539. That will allow me to stay till I get a decision. 

4. Concurrently, I apply for L2 VISA from home country. Travel to home country, and then get my L2S on entry. That way, I can stay for longer than my grace period AND get work authorisation too.

5. I can forget about the green card process for now.

 

thoughts?