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H1B Conversion to L1A

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  • H1B Conversion to L1A

    Hi All,

    Here I am providing my case. Please guide me with a positive approach to avoid risks.

    I am currently working on H1B since April 2006. I-140 approved under EB2 Category with priority date of November 2010. My total IT experience is about 15 years and done master degree in year 2000. I am eagerly waiting to apply I-485, but not sure that when it's going to happen based on current circumstances.

    I got a offer from new employer B (a top Tier-1 consulting company) and they agreed to Transfer H1B. After completion of three months, they agreed to initiate
    PERM/labor, I-140. So that I can port my old priority date to new employer B.

    Here I am providing two scenarios. Please guide me which is better approach.

    Scenario #1: Transfer my H1B to Employer B. After three months they will start PERM, once approval of labor/I-140 then port old Priority date. I saw new Regulation for High Skilled Workers Goes into effect Tuesday Jan 17th 2017. Based on this rule what I understood is that Employer A can't cancel my I-140 since it was approved 5 years ago. So I can transfer H1B to any employer without applying new PERM/I-140. When the date become current and I can apply I-485 with new company. is that right ?

    a. If above is not correct, What if my employer A cancel I-140 before employer B applying I-140 ?

    Scenario #2: New job with Employer B includes same skills, roles, responsibilities what I am doing now and in-addition to that project management with team of 10+ members. So what I am planning to ask employer B to convert my H1B into L1A after completion of 6 months with him.

    a. is this possible ? What is the percentage of successful and what are the Pro and Cons ?

    b. if conversion is not successful, can I continue on H1B with employer B and have to wait until priority date to be current to apply I-485 ?

  • #2
    Hi All,

    Please provide your suggestions.

    THanks in advance
    Shiva

    Comment


    • #3
      Originally posted by Shivakumar33 View Post
      Hi All,

      Here I am providing my case. Please guide me with a positive approach to avoid risks.

      I am currently working on H1B since April 2006. I-140 approved under EB2 Category with priority date of November 2010. My total IT experience is about 15 years and done master degree in year 2000. I am eagerly waiting to apply I-485, but not sure that when it's going to happen based on current circumstances.

      I got a offer from new employer B (a top Tier-1 consulting company) and they agreed to Transfer H1B. After completion of three months, they agreed to initiate
      PERM/labor, I-140. So that I can port my old priority date to new employer B.

      Here I am providing two scenarios. Please guide me which is better approach.

      Scenario #1: Transfer my H1B to Employer B. After three months they will start PERM, once approval of labor/I-140 then port old Priority date. I saw new Regulation for High Skilled Workers Goes into effect Tuesday Jan 17th 2017. Based on this rule what I understood is that Employer A can't cancel my I-140 since it was approved 5 years ago. So I can transfer H1B to any employer without applying new PERM/I-140. When the date become current and I can apply I-485 with new company. is that right ?

      a. If above is not correct, What if my employer A cancel I-140 before employer B applying I-140 ?

      Scenario #2: New job with Employer B includes same skills, roles, responsibilities what I am doing now and in-addition to that project management with team of 10+ members. So what I am planning to ask employer B to convert my H1B into L1A after completion of 6 months with him.

      a. is this possible ? What is the percentage of successful and what are the Pro and Cons ?

      b. if conversion is not successful, can I continue on H1B with employer B and have to wait until priority date to be current to apply I-485 ?


      As far as I understand the eligibility of L1A, oen criteria is that one needs to have worked outside US in a managerial/executive capacity for at least 1 Year in past 3 years in order to claim eligibility for L1A. How would you fulfill that requirement when you are joining them in US ?

      This is my opinion not legal advice.

      Comment

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