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

I Prasad

New Member
Hello Mr. Rajiv,

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.
 
1. Your status expires 60 days after the end of your employment.
2. You can apply for a change of status to B-2. I recommend hiring a lawyer to help with this application because of the issue of immigrant intent.
3. The I-140 remains approved, but can't be used. If you find a different company that will sponsor you for EB-1C, you can recapture the Feb 2018 priority date.
 
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