I am presently in the US on an L1-A visa filed with a blanket petition. My visa was stamped on April 24, 2017 & I first set foot in the States back in May-2017 (27th May 2017 to be precise).
My firm filed my I-140 last May (petition filed & receipt received from USCIS on May 28, 2019)
Since my petition was nearing its expiry (by end of March-2020), I traveled to Mexico recently and got my visa stamped and blanket petition extended until Dec2022. (Another 3 years or so).
I have a couple of questions:
Given the situation, Would you please be able to advise/share a rough estimate on when I might hear back on the approval of the i140?
And when I might be able to secure the i485?
My attorney recently reached out indicating that the maximum time on my current L-visa would be until Apr-24, 2024. (Spent about 60days outside the country until now so that can be added on later if need be)
Considering that the i140 receipt date is May 28, 2019 , do you think this is sufficient time for me to procure the i485 on my current L visa?
My attorney said that the firm was considering to include me in the H1 lottery this year (basically L to H) since H can be extended with a valid i140
They also said the EB1 would still hold good.
Since it’s a lottery, they said they would basically keep trying year after year until I actually get one (if I want to follow the path of H1)
Any words of advice or caution here?
Should I consider the H1 lottery at this stage or remain on the L?
I have been closely following your posts and that’s what drew me here.
Thanks in advance for all your guidance.
Fyi, here is the exact info shared by the attorney on a recent email:
Our team identified you as someone who should be on an H-1B visa. Your L visa maxes out [April 24, 2024] and your I-140 Priority date is approximately 2-4 years out from being eligible to file an I-485, we want to make sure that you have sufficient underlying status so that your work is not interrupted and being on H-1B would enable you to do that. As you may be aware, the H-1B process is a lottery, therefore, you may or may be selected this year. The team wants to make sure that if you are not selected this year, we can apply again next year and the next year, etc.
Anyone on either L-1A or H-1B is eligible to file EB-1C I-140, so long as they meet the criteria. The EB-1C is not a benefit of L holders.
Further, please note the the underlying non-immigrant visa and the green card immigrant visa are two separate processes.