Moved to Canada after Max out on L1A - Planning to go back on H1B - Need Advise

[burrows_savio15]

Hello Everyone,

I have situation and I need some guidance from this forum.

I was on L1A in the US for 7 years (Maxed Out). My I-140 was approved in 2018 on EB1-C Category. My I-485 dates are current for India. I left US on 4th Nov 2020 and I am currently in Canada on a work permit. I will be in Canada for a year, which is a cool off period and then will be returning to US after a year.

1. Can I nominate for the upcoming H1B cycle now and If I get in the lottery, can I file for H1B? Anyway, it is almost 10 months cycle, until next Oct to get H1B. If I am lucky in the lottery, I should be able to get H1B and move to the USA next year in Dec 2021.

2. Biggest concern is, will going back to USA on H1B, impact my EB1-C status? Can I still be able to file I-485 in EB1 Category if I go back on H1B?

3. If I don't get into the lottery system, I will then apply for L1A. I want to try H1B first, then try L1A later. I do not want to try L1A and then if it gets rejected, then I won't have another chance to apply for H1B until 2 cycles from now.

I am still with the same company and in the same role. Please advise!

[PS2015]

I think if you go on the same role and employer submits the same 485j at the time of interview, then there shouldn’t be a problem.

[burrows_savio15]

Hi PS 2015.

Thank you for your response. I will be with the same employer for sure and the same role. But, what is I-485J? Is it same as I-485 (AOS) Filing? Please calrify.

[PS2015]

USCIS asks for 485j when applicant changes job - employer mentioned in 140 and current one. Since your employer is going to be the same and same role, don’t think it will be required. Mostly they will ask your employer to resubmit 485j.

[burrows_savio15]

Hi PS2015,

Thank You! In short, If I go back in L1A or H1B will the process remain the same for both or will it change for H1B? Again, Same employer and same role. Infact, the location where I worked in the USA will also remain the same, when I go back.

Appreciate your response!

Thanks
Dom