H1B lottery system and approved i140

[bongane]

Hello. My L1b max out period is ending next year August 2015. My i140 has been submitted. If I get my i140 approved say by December 2014 then still I need to go though the process of H1B lottery next year if I am applying a new H1B from the same employer OR I don't have to worry about the lottery system, H1B lottery is not applicable in my case since i have an approved i140 & I will get selected in H1B quota next year? Pls advise.
*Note - I am considering that USCIS will go with the lottery system again for the next year..

[bongane]

Can someone pls advise.

[raghvi]

Can someone pls advise.

Lottery or No lottery depends upon the Visas available and number of petitions received. So if the number of petitions received in First week of H1B window opening is more than the number of available visas, then yes there would be a lottery. Seeing last two years trend I would not be surprised if there is another H1 lottery next year.

Now, your case is, even if you have an approved I140, you need to stay in US till your priority date becomes current. Is your Eb1/Eb2/Eb3? What the country of birth? In order to stay in US till priority date is current you need to have valid H1, in order to get H1 referring to my earlier statement, yes, if there is lottery you would need to be part of it.

Another issue I see is that your L1B is maxing out in Aug 2015, whereas the earliest one can start on H1B (if selected in lottery, and petition approved) next year is Oct 2015. So you would have to stay out of US from Aug -till Oct, even if you do get through the h1 approval process.

Have you thought about L1B to L1A conversion?

This is my opinion not legal advice.

[bongane]

Thanks for the detailed information.

So if I would like to go with L1A then do I have to travel outside of USA and get new L1A done or this is something I can do it from USA itself?

Also, one other the thing I still did not follow, my current i94 is valid until 2017 and current L1B visa is until 2019. But my L1B max out is next year August 2015. Does that mean I can stay in the USA on my L1B even after my 5 years of max out?

[raghvi]

Thanks for the detailed information.

So if I would like to go with L1A then do I have to travel outside of USA and get new L1A done or this is something I can do it from USA itself?

Also, one other the thing I still did not follow, my current i94 is valid until 2017 and current L1B visa is until 2019. But my L1B max out is next year August 2015. Does that mean I can stay in the USA on my L1B even after my 5 years of max out?

If you are eligible for L1A, L1B to L1A can be done from within US.

As for I-94, Visa end Date and L1B Max Out all being out of sync with each other, though its more of a problem of slow communication between the various departments, its still your responsibility to not exceed 5 Years Physical stay in US on L1B, or 7 Years on L1A or 6 Years on L1+H1 status.

You can stay beyond 5th Year completion on L1B only if you have a pending L1B to L1A application. I140 approval would be helpful only if you have an H1 petition, it cannot help you extend L1 stay.

This is my opinion not legal advice.