GC on L1A visa

[L1AGCCheck]

Hi Team,
I am on L1A visa currently in 7th year of stay in US. My employer is filing GC in EB1 category for me. Can you please let me know if my 140 gets approved before completing 7 years, will I be able to stay in US with extension? What will be the process if 7 year of duration gets completed during the process.

[rkk09]

Hi,
Please see my response below.
Can you please let me know if my 140 gets approved before completing 7 years, will I be able to stay in US with extension?
Answer: You can not extend your L1 with the help of I-140. You will need to file adjustment of status to stay in the USA. On another hand, if you have spent time outside the USA, you can recapture those days for extending L1.
What will be the process if 7 year of duration gets completed during the process?
Answer: You have three options. 1. Leave country. Work one year abroad to qualify another L1 petition. 2. Change of status to another non-immigrant visa such as H1B, E2, O1. 3. File adjustment of status petition before 7th year complete.
Thanks

[L1AGCCheck]

Thanks for the response.
So, if I have GC filed in EB1 status, will it be possible to got for option number-2 mentioned in your response. If I file H1B or H4 during the processing time, will it be fine or will it impact GC processing?

[L1A_asp]

U can shift to H1B no problem.GC is future employment visa...
Better apply for GC in EB1C now along with AoS...once u get ur EAD u can shift to that and will no longer need L1A to continue in USA

Even if u shift to H1B unless u have I140 approved u cant stay ( since u have already exhausted 6 years in L1)
The stay for H1 is 6 years - ur stay in L1 ( unless ur I140 has been approved )