H1 to L2 COS, moving back to H1, though the quota completed now

[Jane25]

Hi, I was in H1B till last week & was having I140 approved by apr 2014. Unfortunately, my employer had to cancel all H1 he was holding. I became one among that. So now filed L2 COS to retain legal status. That May take 2.5 months. Within couple of weeks of filing L2, getting a job. Can I file H1 again now as of May/June. Will it affect the quota completion for H1 for this year? Can I retain my I140 date if the new employer continuing for GC process? Appreciate if you could give me answer ASAP.. Thanks!

[Nattybone]

Hello, Jane.

Have you completed 6 years on H1B? If you have and were on I140 stage, then i am not aware of whether H1B can be revived or the process around it.

But, if you have not completed 6 years on H1B, then you can switch back to H1B without being subject to cap as you were already counted in the cap the year you were granted H1B. You will need to maintain valid legal status in USA. That is all and the usual H1B drill - Employer, Job etc.

I hope this helps.

Wishing you luck.

Cheers,

Hi, I was in H1B till last week & was having I140 approved by apr 2014. Unfortunately, my employer had to cancel all H1 he was holding. I became one among that. So now filed L2 COS to retain legal status. That May take 2.5 months. Within couple of weeks of filing L2, getting a job. Can I file H1 again now as of May/June. Will it affect the quota completion for H1 for this year? Can I retain my I140 date if the new employer continuing for GC process? Appreciate if you could give me answer ASAP.. Thanks!

[Jane25]

H1 to L2 COS, moving back to H1, though the quota completed now

Thank you for the response . Appreciate it.. My duration in H1 was only 2 years. But was in L1 earlier before for 2.5 yrs. Can I retain my I140 date if the new employer continuing for GC process? Thanks..

[Nattybone]

Hello, Jane.

I am not aware of the I140 date provision, i am sorry. People do switch to new employers with their I140 but i am not aware of its details.

As regards earlier L1, total duration of 6 years on H1 + L1 is allowed. So, you still have 1.5 years without being subject to cap. If you can have your I140 also revived (which i am not aware of) then your H1 effectively does not stop until you get your GC - even if it takes 5, 10 more years.

Sorry, i could not be of more help.

Wishing you luck.

Thank you for the response . Appreciate it.. My duration in H1 was only 2 years. But was in L1 earlier before for 2.5 yrs. Can I retain my I140 date if the new employer continuing for GC process? Thanks..

[Jane25]

H1 to L2 COS, moving back to H1, though the quota completed now

Thanks a lot!

[raghvi]

Though you would be cap exempt, you can switch back to H1 only after getting L2 approved first and later filing a L2 to H1 COS. OR you can go out of US and return on new employer approved H1 petition if you have a valid H1 visa in passport.

Assuming, from last week onward you are not getting paid, hence you are not on H1 status, technically you aren't in a valid status currently as you have a pending L2 COS not on an approved L1. So in order to get back to h1, with another employer you have to first get back into status which , as I mentioned can happen only if either you get your L2 approved, OR, leave US and return on valid H1 visa.

As for priority date, once as priority date is established through the approval of an I-140 immigrant preference petition, the beneficiary is entitled to keep that priority date for all subsequently filed I-140 petitions, irrespective of the employer, occupation, preference category, or location.

This is my opinion not legal advice.

[Jane25]

H1 to L2 COS, moving back to H1, though the quota completed now

Thank you