How to get H1 filed thru other employer after L1A ext denied for one employer

[Happy07]

Hi!
I was on L1A and extension was denied by USCIS. I am having approved I140. Later I got to know that I may apply for H1 based on my earlier unused H1B visa thru past company and this would be beyond annual H1B limit. However, my company opted for not going that path and I had to return home country.

My questions are;

Q1: can I get my H1 apply and use i140 thru different company? What would be duration of that H1?
I am jotting down detail to have a clear answer.
1. Company A: I have stayed for 20 months on H1B visa from July 2003 to Mar 2005.
2. Company B: Came to US on L1A starting Sep 2016 and left on Dec 15 2019 after my extension was denied.

Q2: Can I transfer My I140 to company C if they file H1 for me? My i140 was approved in dec 2018 thru company B?

Q3: Can my US child sponsor parents after being 18 years old?

[Libra_14]

Q1: can I get my H1 apply and use i140 thru different company? What would be duration of that H1?
I am jotting down detail to have a clear answer.
1. Company A: I have stayed for 20 months on H1B visa from July 2003 to Mar 2005.
2. Company B: Came to US on L1A starting Sep 2016 and left on Dec 15 2019 after my extension was denied.

Forget about your Company A above, that visa is gone long back & its useless now.
Yes, any company can file for your fresh H1B now, initially that H1B will be for 3 years & can be extended multiple times, until your PD becomes current.

Q2: Can I transfer My I140 to company C if they file H1 for me? My i140 was approved in dec 2018 thru company B?

Its not basically a transfer. The PD is yours, you'll keep it, but the new company will need to file another I140 for you under same role/JD & your earlier PD will be utilized.

Q3: Can my US child sponsor parents after being 18 years old?

21 years.

[Happy07]

Thanks for your reply. I really appreciate you helping and guiding people. Though, I need few clarity. I am writing point wise;

Related to Q1 and your answer:
I have mentioned previous company, A, H1B as I would be out of H1 annual cap. My current company B has got my I-140 approved on L1-A visa. I would like to understand whether company C may utilize my I-140 if previous company to get H1B for 3 years.

Related to Q2 and your answer:
I have heard that I140 filed on L1A is company specific and it can’t be used by any other company. Are u suggesting that Company C applying H1 and then filing my i140 would make my date of earlier i140? Will it be possible to file i140 in same category on H1 as it was on L1A.

Related to Q3 and your answer:
I have heard that it has been changed to 18 from earlier 21. Just reconfirming

Kind regards

[Libra_14]

Related to Q1 and your answer:
I have mentioned previous company, A, H1B as I would be out of H1 annual cap. My current company B has got my I-140 approved on L1-A visa. I would like to understand whether company C may utilize my I-140 if previous company to get H1B for 3 years.

No, that H1B is for 6 yeas only & its useless now - you cannot use that to file a new H1 as cap exempt.
Company C cannot utilize your approved I140, they need to file a new one & get it approved. However this new I140 won't have a new Priority Date, it will have your old PD only.

Related to Q2 and your answer:
I have heard that I140 filed on L1A is company specific and it can’t be used by any other company.

I140 filed by company B means company B is offering you a job in future. How can Company C utilize that offer?

Are u suggesting that Company C applying H1 and then filing my i140 would make my date of earlier i140? Will it be possible to file i140 in same category on H1 as it was on L1A.

Yes, Company C need to file a new I140 for you, but it will have your earlier I140 date as priority date.
Yes, in order to keep that Priority date, H1 & L1A category need to be same.

Related to Q3 and your answer:
I have heard that it has been changed to 18 from earlier 21. Just reconfirming

If this is something new, then probably I am not aware of it.