Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

L1A to H1B after EB1C I-140 approved when approaching 7 year limit on L1A?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • L1A to H1B after EB1C I-140 approved when approaching 7 year limit on L1A?

    EB1C I-140 Approved. Considering L1A to H1B transfer...

    PD: 29 March 2018
    I-140 Approved: Oct 2018
    Current Visa: L1A (Jan 2015 - Jan 2022; 7 years limit reaching in less than 2 years)

    EB1 India is still at Aug 2015 and hence, my attorney/employer is sponsoring H1B for me (got selected in lottery and about to apply). I have the following questions:

    Q1. Can I continue my green card processing on EB1C after converting to H1B? Any risks?

    Q2. Can job description be consistent with H1B and EB1C at the same time? i.e., can i show multi-national manager in by H1B application?

    Q3. Can I stay in L1A by applying H1B through consular processing and not activating it so i can remain in L1 (reason being my spouse can work on L2 EAD without breaks)? How long can i delay it?

    Q4. I have already been in the US for over 5 years. If I don't want to activate H1B this year, can I do so next year (i.e. after more than 6 years on L1A with I-140 approved)?



  • #2
    Originally posted by karvi View Post
    Q1. Can I continue my green card processing on EB1C after converting to H1B? Any risks?
    Certainly, if you are not changing your employer then you don't have to do anything.
    Originally posted by karvi View Post
    Q2. Can job description be consistent with H1B and EB1C at the same time? i.e., can i show multi-national manager in by H1B application?
    Yes.
    Originally posted by karvi View Post
    Q3. Can I stay in L1A by applying H1B through consular processing and not activating it so i can remain in L1 (reason being my spouse can work on L2 EAD without breaks)? How long can i delay it?
    You will continue to stay on L1A status until you file for COS or move out of USA, get H1 stamped & re-enter. Since you have I140 approved, your spouse can also apply for H4-EAD.
    Originally posted by karvi View Post
    Q4. I have already been in the US for over 5 years. If I don't want to activate H1B this year, can I do so next year (i.e. after more than 6 years on L1A with I-140 approved)?[/B]
    I doubt, on H1B you need to activate before you complete your 6 years in USA & then based on your approved 140, you apply for unlimited extension.
    Not 100% sure, but if you do not activate your H1B before completion of your 6 years, then you'll loose it.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X