EB2 on L1A awaiting 1-40 aproval , change pf employe after i-40 approval

[manurajan]

My employer/company had filed EB2 while I am on my L1A 5th year and I am awaiting 1-40 approval . Would appreciate if someone could clarity;

1) Can I switch employer/company company while I am on l1 A - 1 40 and file a H1 B from a new employer to use the original priority date filed under L1 A by earlier employer
2) Can return to home country and switch employer and transfer the original I-40 approved under previous employer L1A to hold the original priority date

[Libra_14]

1) Can I switch employer/company company while I am on l1 A - 1 40 and file a H1 B from a new employer to use the original priority date filed under L1 A by earlier employer

I140 & L1/H1 are totally different processes. You can switch employer, but then your current employer would have option to revoke his I140 until 6 months after your I140 approval & then you'll loose your priority date also.

2) Can return to home country and switch employer and transfer the original I-40 approved under previous employer L1A to hold the original priority date

After 6 months of your I140 approval date, you can return to home country, get a new employer, have them file a new I140 & your priority date will remain same.

[manurajan]

Thanks for the clarification

[Md_faheem4u]

Just curious why dint you apply for EB1c?