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Subject: Re: Is I-140 still valid if I am out of status? Posted on: Mon, 22 Sep 2008 08:59:33 -0700

My interest wrote on 09/22/08 07:58:

> Assuming I run out my L-1's 7 years' limit but my priority date is
> still not current. Question #1, is there any way for me to continue
> working in US legally? (assuming I am not that luck to win H1B lottery
> ticket).


The H1 wouldn't help you, since the time in L1 and H1 is combined to calculate
the max. time allowed. And the max. time on H1 is 6 years...
So, the answer is no.
And btw, the 7 year limit is for L1A. For L1B, the limit is 5 years.

> If the answer is NO and assuming that my company
> subsequently transfers me to an overseas office, but if possible, will
> still sponsor my Greencard. Then Question #2. Can they still keep my
> GC process alive? i.e. while my priority date becomes current, can I
> still file immigration petition through consulate process?


Sure it can continue.
You need to work on your terminology, though.
You don't file an immigrant petition. The I-140 *is* the immigrant petition,
filed by your employer.
You would apply for an immigrant visa through consular processing.
And, this has nothing to do with being out of status. If you are abroad, you
don't have a status, by definition.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
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