L1A Blanket, I-140 filed in EB1 in May-2019 when would it be time for the i485?

USA Green Card
1

Hello,
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.

Thanks!

2

Hello @Anil_Gupta, Noticed that you have been extremely helpful at giving the right advice on several other queries on the portal.
Any thoughts on the situation I shared above?

3

Hi @SylJac

Has your i140 been approved?

I strongly suggest to file H1B as suggested by your attorney.

You have not mentioned your country of birth, which governs your USCIS visa bulletin dates.

If you are from India, chances are good that it might take more than 3-4 years for your date to get current and a chance to file i485. Most EB1 guys on L1 are converting to H1B.

4

Dear @Anil_Gupta,
Thanks a lot for responding so promptly.

Sorry I forgot to mention, I am an Indian citizen.
Thanks for providing a realistic picture of the L1/EB1 situation for my case.

I will try to reach out to the attorney again and see what they plan to do.

I had a few questions with regard to the L1 to H1 transfer.
Hypothetically speaking, if my H1 application were to be picked either in this year’s or next-year’s lottery,

1- would I still be able to continue working in the capacity of my L-visa, while I have an H-visa

2- if I perform the switch, would my PERM process still follow the EB1 route?

3- would my spouse be able to work if I were to switch to H from my L1-A? She has been working on an L2-ead and recently got into a more permanent role, hence the ask.

Appreciate all your guidance,
Thanks in advance!

5

L1A to H1B transfer is a bit complicated with respect to how it is filed.

There is a difference between L1A to H1B change of status and H1B consular processing.

Your H4 spouse can work only after getting H4 EAD. H4 EAD approval can take 5-7 months and there could be a gap between moving from L2 EAD to H4 EAD. She can’t use L2 EAD if your status changes from L1 to H1B.

You would need lot of planning for this switch.

6

Hi Anil,

This blog answered most of my questions. I’m in the similar situation as Syl Jac.
We are citizens of India.
My husband is on L1A, and its been 5 years since he was here in US.His employer has just filed his I140 in EB1C in APRIL 2020.
I am on L2 EAD and working currently.
My husband’s H1B got picked in lottery for 2021CAP.

Here are my questions -

  1. Since he already stayed 5 yrs in US, is it advisable for him to opt H1B as we are not sure whether his I140 will be approved before his 6 yrs (ends in July 2021) tenure to extend his stay beyond that OR not to take a chance and stay on L1A till July 2022 ?

  2. In case he opts for H1B and it is approved effective Oct 1st 2020 , can I apply for H4 EAD with the my husband’s approved L1A EB1- I140
    OR
    should he again apply for I140 after his status changes to H1B, for me to work on H4EAD ?

Your responses are greatly appreciated!!
Thank you!

7

It is your choice to apply H1b or not but given the current visa bulletin, it does seem like EB1 will easily take about 4-5 years.

You can use i140 to get H4 EAD.

8

Thanks for answering all my questions Anil.

10

Hi @Noorul

You may be eligible for EB1C. Check processing time here:

https://www.am22tech.com/uscis/current-i140-processing-time/

12
13

Hi Anil,

I would like to get more clarification on our current situation.

My Husband is on L1A and I am on L2/L2EAD.
We have our petition approved till Feb 16th 2022. His I140 is approved in EB1 on L1A in August 2020.
This is our 6th year in US. His H1B got picked in lottery this April and we requested for consular processing as we decided to stay to L1/L2 status.We didn’t submit dependent documentation.

Here comes the problem, my husbands employer filed his H1B petition in Change of status instead of consular by mistake and I just came to know about it. Also his I140 got approved after H1B is filed.

He requested his employer to withdraw his H1B COS petition. H1B is not approved yet.

My question is

  1. Will H1B COS become VOID when USCIS receives the withdrawal request and will our original visa status L1/L2/L2EAD still remain?
  2. If USCIS approved H1B even after employer withdraws the petition what would be my status(we didn’t apply for H4)?
    3.If we don’t opt withdrawal , can I file my H4 and H4-EAD using his I140 (H1B is not filed with I140) ?
  3. In case my spouse opts H1B , and changes his employer in future, will he still be eligible to apply for I485 in EB1 when the priority dates match.

Appreciate your quick response.

Thanks,
Gayathri

14

Hi @Galal

Original visa status should remain same if H1B is approved with consular processing.

You will be ‘out of status’ if H4 has not been filed and H1b gets approved with ‘change of status’.

The EB1 eligibility depends on the paperwork you will submit for H1B job position.

15

I received confirmation from attorney a month back that H1B is filed in COS.
We requested for H1B withdrawal and the withdrawal letter has already been sent to USCIS (on 9/15 or 9/16) a couple of days ago. Not sure whether USCIS saw the letter or not.
This morning 9/17 we received an update online that my husbands H1B is approved and approval notice has been sent.

Will my husbands status change to H1B or will he still be on L1A as the withdrawal notice is sent to USCIS?

Based on this I should decide to file for H4 or not. Your quick response is appreciated.

Thanks,
Gayathri.

16

If USCIS approved COS, then the status would have changed.

USCIS may process the withdrawal too sometime pater and at that time, you stand to lose your H1B status too.

17

Hi Anil
Need your expertise in clarifying some of my questions.
We are Indian citizens. I am on L1A (executive) and been in US since 2018 . My L1A is expiring in Jan 2021. I have my i140 approved and a priority date of Dec 2018. Recently my company also filed for my H1B and in the 2nd list I got picked.
Now the company attorneys are recommending me to go ahead with H1B (which makes my spouse’s L2EAD invalid) as they are expecting the L1extension to go under RFE.

I want to know what path can i take to ensure his work gap is the least based on the various filings i have open in front me which includes, L1A extension, H1B and H4/H4 EAD or adjustment of status.

Appreciate your guidance.
Thank You!

18

You only have one option if you are going for L1 to H1B COS.

H4 EAD will take about 4-5 months easily.