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peekay23

L1A with I-140 approved and laid-off

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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 by mkparam

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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/.

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