L1A with I-140 approved and laid-off

[peekay23]

Hello,

I have been on a L1A visa since 2017, got my I-140 approved mid-2018 but looks like i will soon be laid-off probably by end of August 2020.

This is what my current situation is:

L1A valid till November but i think i will be out of status earlier than that when i am laid-off
I-94 valid till December 2020
I-140 approved fo an EB1 category in mid-2018
I have an old H1B petition that i can reuse the un utilized time (over 4 years) 
My wife works on a L2 EAD 

These are my questions:

1. How long am i allowed to stay in the US once i am laid-off by end of August?
2. What will happen to my wife's L2 EAD once i am laid-off? Can she continue to work till the expiry of her L2/EAD? 
3. Given my circumstances (also in COVID-19 situation), with an I-140 approved and also have an old H1B with several years pending unused, what are my best options to continue being in the US (and likely not have any impact to my wife's employment as well)? 

Please suggest. Thank you.

Edited June 23, 2020 by mkparam

[Attorney_15]

If someone is in L1A status and is laid off, they qualify for a grace period of up to 60 days so long as their L1A I-94 Card is valid for at least 60 days. If such a person held H1B status and with an I140 can qualify for a new employer to file an H1B Petition with the extension of status request, and along with that filing a change of status request and EAD card request for the spouse. All of these 3 filings would need to be filed before the end of the grace period and request a start date also within the grace period. 

 

If you want specific advice from an attorney and to explore your options and address further details about your situation you can schedule a standard consultation via https://www.murthy.com/consultations/.

[peekay23]

Thanks for confirming. I got my H1B Change of Status approved using a 15-year old H1B petition (but had my entire clock period intact without using). USCIS did not ask any question when i attempted to revive it and got it approved in just few days time.

Here is my follow up query. 

As i mentioned earlier, I have my I-140 approved for the EB1C category with the PD 05/18/2018.
I expect my PD for EB1C (India) would likely be current by Oct or November this year, based on its recent trend.
I think i may not have the possibility to continue working for the same employer and in the same VISA status(L1A) for the next few months or until my PD becomes current due to certain employment related issues so i may be asked to leave earlier.

Given this situation and when i am just few months away from filing the AOS, 

1. If i change to H1B and start working for EmployerB(for a similar job role), when the Priority becomes current, Can i self file the I-485 myself by providing all the required documents to USCIS directly?

2. As i am just few months away from filing the "Adjustment of Status", What is the possibility to provide any employment evidence from Employer-B (pay-slips, offer for a similar role) to complete the AOS formality if asked?

3. Do you know if anyone has done this successfully in the past or if this process is even possible or allowed by USCIS? What are the odds?