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I-140 approved, applying H1B

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  • I-140 approved, applying H1B

    I have applied for GC and my I-140 is approved. I am on L1B right now which is going to max out Aug 2012.

    with approved I140, can I apply for L1 to H1 conversion any time before my max out ? or it shoud fall within the regular Hcap time lines .. ?
    since my L1 is going to epire in Aug 2012 , if I apply for H1 next year, it will be active only from October 2012. do i have to leave US between august and october ?

    I can not apply for H1 this year yet for some reasons.

    What privileges does I-140 provide regarding H1 visa?
    can you please advice ?

  • #2
    Since you have never been cap counted your employer must file only when cap numbers are available. Having I-140 approved means that H1 can be approved for 3 years instead of 6-5 = 1 year.
    This is my opinion and not legal advice.

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