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H1 B max out and requirement for new L1A

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  • H1 B max out and requirement for new L1A

    Hi

    I am on H1B now and will get expired in October 2019. My intention is to return back to US on L1A ( i am eligible for L1A) after an year (say after October 2020). Considering the rejection rates in Visa, I would like to apply for I140(H1B) and get it approved so that if L1A does not go through after an year, i can come back with approved I140 after an year with H1B extension rather than L1A

    Please correct me if my above mentioned points are valid or I am in wrong assumptions

    Completely different question:

    Just in case I leave US in June 2019 after applying for Perm , i will be left with 4 months of H1 unused. Would this impact anything on my new L1A after an year?
    Last edited by Sarabal; 01-28-2019, 02:47 PM.

  • #2
    Originally posted by Sarabal View Post
    Just in case I leave US in June 2019 after applying for Perm , i will be left with 4 months of H1 unused. Would this impact anything on my new L1A after an year?
    Since you'll be staying out of USA for 1 year & then applying for L1A - you won't have any impact & you'll get another 7 years to work in USA on your new L1A.
    - 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.

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    • #3
      Thanks fro your response.

      Is it good to get L1A after an year or comeback with same H1B (approved I140 through EB2) and port EB2 to EB1C?

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      • #4
        Originally posted by Sarabal View Post
        Thanks fro your response.

        Is it good to get L1A after an year or comeback with same H1B (approved I140 through EB2) and port EB2 to EB1C?
        If you are maintaining a good record on your current H1B (not switching too many companies, nice pay etc) then stick to that.

        Leaving USA for an year & then getting L1A would have its own risks of rejection & you never know by that time if EB1C queue also gets bigger.
        - 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

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