L1 to H1 conversion after I140 approved

[vaikund]

Hi,

I was in US on H1B visa between 2007 to 2009. My extension got rejected. Later i applied L1B in 2010 and travelled to US. In 2014 I changed my status from L1B to L1A. My visa is getting over by May 2017. Meanwhile my company applied GC through EB2 category in May 2013. I got my perm approved and in the process of filing I140 in premium.

Now my question is, can i use the out of cap H1(since i spent only 2 years in that) to convert my status from L1 to H1 based on my I140 approval. Please treat this as urgent and respond.

[vaikund]

Any updates on my question? Reply is greatly appreciated.

[raghvi]

Any updates on my question? Reply is greatly appreciated.

No you cannot. If one has spent the last 6 Years in L1 or H1 status and exhausted the time, one needs to get oneself part of a fresh H1 cap.

This is my opinion not legal advice.

[vaikund]

No you cannot. If one has spent the last 6 Years in L1 or H1 status and exhausted the time, one needs to get oneself part of a fresh H1 cap.

This is my opinion not legal advice.

I am asking for change of status based on my I140 approval and i also had H1 unused for 6 years. Is that not possible?

[vaikund]

I am asking for change of status based on my I140 approval and i also had H1 unused for 6 years. Is that not possible?

Any updates on this?

[raghvi]

Any updates on this?

If you have combined spent 6 Years in L1+H1, or L1B+L1A Status, you cannot utilize the prior H1. You need to file afresh in new cap.

This is my opinion not legal advice.