L1A Max out---->EB1C Green Card ----> Consular Processing

[JagsRags1]

I am L1A visa working in US. My L1-A max out ( including re-capture days ) is in Dec'2018. Company is on the verge of filing EB1-C. However, with the EB1-C retrogression for India and  EB1-C not becoming current in Oct'2018 and negligible chance of it becoming current before Dec'2018, Can my company file my I-140 with option as consular processing so that I can leave the US after L1-A max. out and process through Immigrant Visa - Consular processing. 

Please advise.

[JoeF]

Sure, that's always possible.

[JagsRags1]

Thanks sir very much for your response. Wanted to get your esteemed opinion on a scenario: once I-140 for EB1C is approved while I am outside US, is it possible to do AoS if I come back to US on H4 visa ( wife has valid H1 for 2 more years ) . Basically can I do an AoS for my Approved EB1-C after coming back on H4 ( because of my L1`A max out situation ) OR do I need to be on L1A only for AoS ?

[JoeF]

AOS requires that you are in a valid status in the US. So, it sure is possible to do AOS while in H4 status.