Switch from L1A to H1 out of cap to different company

[singh.ganesh]

I am currently in my second extension in US on L1A. My GC has been files under EB2 category and I got my I-140 approved in Jan this year. I have traveled to US in the past on H1 and have spent total of 4.6 years in US. Last H1 extension in May 2009 was denied as company did not provide SOW and MSA docs.

My question are -
1. Can I switch to a different company in US using H1 out of cap? Will my I-140 approval carryover or will I need to file a new one?
2. Can I continue in US in the current company beyond 7 years if they file GC under EB1 category (given the wait is close to 3 years now)?

- 2nd extn on L1 approved till 91-Jun-2021
- I-140 approval (EB2) notice date - 30-Jan-2019
- Spent 4.6 years on H1

[scientist2016]

1. You last held a H1 more than 6 yrs. ago. So you will have to go through the lottery. Even then, unless you spend atleast an year outside the US, you will not get the full 6 yrs (since you have spent time on L1). But you certainly can join a different employer. Your I-140 has no connection to your current status. It will remain active. So a different employer can always file another I140 for you, and you can port your current PD, if the proposed new role is similar to the one for which you have an approved I140.
2. An approved I140 does not confer any immigration benefits. Same goes for filing a I140 irrespective of the EB category. So, the only way for you to continue working in the US is switch to a H1, and keep renewing t until your PD becomes current.

[singh.ganesh]

thanks for the response. Just to make sure I understood it right, only way for me to continue to stay is to have my current (or a different) employer file for a fresh H1 through lottery and hope to get it in the next year (2020). I assume Jun 2021 will be too late to wait for 2021 lottery.

[Libra_14]

thanks for the response. Just to make sure I understood it right, only way for me to continue to stay is to have my current (or a different) employer file for a fresh H1 through lottery and hope to get it in the next year (2020). I assume Jun 2021 will be too late to wait for 2021 lottery.

That's correct.

[singh.ganesh]

thanks to all who have responded here. I have talked to my employer again and they are ready to file fresh GC under EB1 category in next few months. I heard from a friend that, with EB1 I should get my EAD in 4-5 months and can continue to stay till I get my GC in approx 4 years. Is that right? Can I change my employer once I have the EAD for an year?

[Abtdot]

I am currently in my second extension in US on L1A. My GC has been files under EB2 category and I got my I-140 approved in Jan this year. I have traveled to US in the past on H1 and have spent total of 4.6 years in US. Last H1 extension in May 2009 was denied as company did not provide SOW and MSA docs.

My question are -
1. Can I switch to a different company in US using H1 out of cap? Will my I-140 approval carryover or will I need to file a new one?
2. Can I continue in US in the current company beyond 7 years if they file GC under EB1 category (given the wait is close to 3 years now)?

- 2nd extn on L1 approved till 91-Jun-2021
- I-140 approval (EB2) notice date - 30-Jan-2019
- Spent 4.6 years on H1

Was your GC applied under EB2 category when you were on L1A or H1 ?

Generally EB1 has same requirement as L1A. So if you were on L1A then your GC should have been applied with EB1 C category

[singh.ganesh]

It was applied under EB2 as my employer does limited number of EB1s. They have agreed to apply under EB1 now but with less than 2 years left, I am trying to understand if I can continue to stay if it is filed in EB1 in next few months.

[Libra_14]

You need an status to stay in USA.

EB1 (I140) does not give you any status until you submit I485 for AOS.

With EB1 as well, the wait time is ~5 years now to file for I485 (AOS).