Optins if 485 is not filed before visa expiry

[karan_mm]

Hi - I am on L1A with 7 year completing in July 2019. I 140 is approved. Priority date July 2018. Since EB1 is not current cannot file 485. If EB1 does not become current by July 2019 what will be my options?

Thanks

[xTDx]

Your employer , based on an approved i-140, can file a cap exempt h1b petition requesting change of status to H1. They can do that now while you have a valid i-94.

[karan_mm]

Ok. if H1 is approved and can they still apply 485 when my EB1 PD becomes current? 

[pontevecchio]

Sorry. If you have not had a cap subject h1 approved, you cannot change status to H1. Your only option is to convert to CP and get an IImigration visa abroad.

[karan_mm]

Thanks for the help