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L1 to H1 conversion after I140 approved

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  • L1 to H1 conversion after I140 approved

    Hi,

    I was in US on H1B visa between 2007 to 2009. My extension got rejected. Later i applied L1B in 2010 and travelled to US. In 2014 I changed my status from L1B to L1A. My visa is getting over by May 2017. Meanwhile my company applied GC through EB2 category in May 2013. I got my perm approved and in the process of filing I140 in premium.

    Now my question is, can i use the out of cap H1(since i spent only 2 years in that) to convert my status from L1 to H1 based on my I140 approval. Please treat this as urgent and respond.

  • #2
    Any updates on my question? Reply is greatly appreciated.

    Comment


    • #3
      Originally posted by vaikund View Post
      Any updates on my question? Reply is greatly appreciated.
      No you cannot. If one has spent the last 6 Years in L1 or H1 status and exhausted the time, one needs to get oneself part of a fresh H1 cap.

      This is my opinion not legal advice.

      Comment


      • #4
        Originally posted by raghvi View Post
        No you cannot. If one has spent the last 6 Years in L1 or H1 status and exhausted the time, one needs to get oneself part of a fresh H1 cap.

        This is my opinion not legal advice.

        I am asking for change of status based on my I140 approval and i also had H1 unused for 6 years. Is that not possible?

        Comment


        • #5
          Originally posted by vaikund View Post
          I am asking for change of status based on my I140 approval and i also had H1 unused for 6 years. Is that not possible?

          Any updates on this?

          Comment


          • #6
            Originally posted by vaikund View Post
            Any updates on this?
            If you have combined spent 6 Years in L1+H1, or L1B+L1A Status, you cannot utilize the prior H1. You need to file afresh in new cap.

            This is my opinion not legal advice.

            Comment

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