L1 A to H1B after I 140 is approved

[rose2000]

Hi,

I was in US on L1 B and later transferred to L1A. My L1 A is maxing out on May 2016. I would like to know ,if I can apply for a new H1B in April 2016. My I 140 is approved.

So considering the I 140 status, Can I apply for a new H1 in 2016?

[rose2000]

Refreshing the thread..Could you guys let me know what you think

Thanks!

[narendiranm]

Refreshing the thread..Could you guys let me know what you think

Thanks!

Have you ever had H1 before? If not, I am in the same situation except that my L1A is maxing out in May 2017. . And Until a month before I was told L1 to H conversion will have to happen through CAP and it doesn't matter if I have touched 6 years as long as I am PERM certified.
But now, I am told that there is a change in the policy and I have to be outside of US for 365 days continuous and then apply for H1 CAP again. This may be the case for you as well.

[raghvi]

Have you ever had H1 before? If not, I am in the same situation except that my L1A is maxing out in May 2017. . And Until a month before I was told L1 to H conversion will have to happen through CAP and it doesn't matter if I have touched 6 years as long as I am PERM certified.
But now, I am told that there is a change in the policy and I have to be outside of US for 365 days continuous and then apply for H1 CAP again. This may be the case for you as well.

An approved I140 or a PERM pending for over 365 days can only help in extending an already approved H1 petition. It cannot be used to get a new H1 petition immediately after completion of the max out period of L1. You first need to be part of the H1 cap , which you cannot be in 2016 as you already maxed out on L1. Advisable to leave US and stay outside for 1 Year and then apply in fresh cap.

This is my opinion not legal advice.

[rose2000]

Thanks Raghvi. The Below rule that you mentioned was always the case,or this is a recent policy change?

"An approved I140 or a PERM pending for over 365 days can only help in extending an already approved H1 petition. It cannot be used to get a new H1 petition immediately after completion of the max out period of L1"

[rose2000]

Raghvi - Could you tell if the below was a recent policy change or this clause was there, when AC 21 was formed.

"An approved I140 or a PERM pending for over 365 days can only help in extending an already approved H1 petition. It cannot be used to get a new H1 petition immediately after completion of the max out period of L1"

[rose2000]

Have you ever had H1 before? If not, I am in the same situation except that my L1A is maxing out in May 2017. . And Until a month before I was told L1 to H conversion will have to happen through CAP and it doesn't matter if I have touched 6 years as long as I am PERM certified.
But now, I am told that there is a change in the policy and I have to be outside of US for 365 days continuous and then apply for H1 CAP again. This may be the case for you as well.

Hey Narendiranm- Do you if this is a recent policy chage?

- - - Updated - - -

Raghvi - Could you tell if the below was a recent policy change or this clause was there, when AC 21 was formed.

"An approved I140 or a PERM pending for over 365 days can only help in extending an already approved H1 petition. It cannot be used to get a new H1 petition immediately after completion of the max out period of L1"

[maxoutissue]

Have you ever had H1 before? If not, I am in the same situation except that my L1A is maxing out in May 2017. . And Until a month before I was told L1 to H conversion will have to happen through CAP and it doesn't matter if I have touched 6 years as long as I am PERM certified.
But now, I am told that there is a change in the policy and I have to be outside of US for 365 days continuous and then apply for H1 CAP again. This may be the case for you as well.

Hello narendiranm,

I am also in the same situation now, my L1A max out is in May 2019 and I am in my 6th hear of stay in US now in L1A. I have I-140 approved, Can I apply for H1B in 2018 (considering my 6 years will be completed in May 2018 but have I-140 approved), Could you please help amd let me know what options did you get ?

[RJoseph1mmiHelp]

Hi,
I have similar issue. My L1A max out is Nov 2018. I have an approved I-140. Will I be able to apply for a new H1B in April 2018? Is there any rule in USCIS preventing candidates from changing to H1 on the last year of L1A? Please suggest.

[jaroorihain]

Hi,
I have similar issue. My L1A max out is Nov 2018. I have an approved I-140. Will I be able to apply for a new H1B in April 2018? Is there any rule in USCIS preventing candidates from changing to H1 on the last year of L1A? Please suggest.

I am also on same boat but trying for H1 CAP after 6 years on L1 based on below information on usics site - https://www.uscis.gov/ilink/docView/...0-0-13813.html....

[Kousick]

L1A & I94 is valid through August,2021. Picked H1B in this year, have approved I-140 in EB2.Can be possible to COS from L1A to H1B in Oct,2020 and extenstion?
6th year will be completed in US on August,2020 but L1A &i94 valid up to August,2021. Plan to have trip outside US for 1 month in May-June time frame, but because of COVID-19 it will not possible. Please help me ow to activate my H1B.