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L1B -> Lay Off -> Hold approved I 140

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Hi Team,

I am currently working on the L1B visa in the US. The visa expired on 09/09/2019, but I have an approved I797A, which allows me to work in the US until 09/09/2021. As of now, my employer, mentioned that I may be on the lay off list.

1. What happens to my approved I140, which was approved on 04/13/2020? My priority date being 09/12/2019, I don't expect my I485 to be filed anytime soon.

2. The company gives two dates as per my understanding : a) Separation Date b) Termination Date. Separation date is the date when I am not supposed to work for the company, but as part of the severance pay, the employer may continue to pay me for 8 weeks after which I will be terminated. When does my 60 days grace period start?

3. Do I have to inform USCIS about my employment termination and request for a grace period or does it automatically trigger?

4. Can I drive during the period after I exhaust my grace period, assuming I apply a B2 visa (I539) COS since my State DL is valid until September next year?

Any response will be greatly appreciated.


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1. Ask the GC sponsor if they will remain interested. If not you can use that PD for a subsequent filing.

2. Ask HR/Your supervisor.

3. You do not have to inform anyone.

4. You could stay and drive until the COS petition is adjudicated. But if COVID is still an issue at that time and if there are no flights to your home country, that gives you a reason. Other reasons may be considered frivolous.

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