H1B to L1A - back to H1B and GC parallely

[abhi2001]

I came here on company A on an H1B in 2004 and got a COS done to L1A in Dec-2007. Currently with the same company A on L1A visa. Total time in USA on both visas together is about 4 years 5 months. Now I planning to move to company B. Company A is not doing my GC. Both A and B are big organizations.

- I assume if my future employer B files for my H1B I don't have to go thru the cap/quota since I already was on an H1B. Is that correct? So company B needs to get my H1 transferred.
- Till the time my H1B is approved under employer B can I still be with employer A on L1A visa?
- Will moving to H1B with company B be my choice (of when I want to resign from company A and move to B) or will I be forced to join company B as soon as my H1B is approved?
- Parallel to the above can company B initiate my GC under EB1 (as I am a manager)?

Appreciate any responses on this.

Thank you.

[abhi2001]

Hi,

Can someone respond to this please?

Thanks

[DMX17]

1) No. But H1 + L1 time = 6 years
2) Yes as long as the L1a is valid.
3) You do not have a choice if you want to remain in legal status. Once the H1 is approved with Change of status, you should go work for company B as you will not have the L1 status any more then.
4) Being a manager does not automatically qualify for EB-1. You might come under EB-2. Do some reading on EB-1C Greencard for L-1A managers.