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L1A COS to H1B

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  • L1A COS to H1B

    Hi,

    I was in US on H1B for 5.5 years. At the time my PERM was filed while on H1b.
    I left USA and moved to India payroll for my company for 1.5 years and reentered US on L1A visa. After my arrival my I-140 (corresponding to the PERM filed while on H1b) was filed and approved after RFE.

    Currently I am in L1A status,

    Can I change my status to H1B based on approved I-140? Does this have to be cap exempt? Or I can use my previous H1B petition on which I stayed for 5.5 years and had 5-6 months remaining when I left?

    Please let know your opinion,

    Thanks

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