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H1B conversion to L1A after 8 years stay in USA

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  • H1B conversion to L1A after 8 years stay in USA

    Hi,
    My case is that I have completed over 8 years in USA in my total term of 10 years since my first H1B petition got approved. I have my I140 approved in EB2 category with priority date in 2016. I have worked with my current company in manager role from India for 6 months last year and relocated to USA. Currently I am in USA and planning to relocate to Canada for 6 months after which I will become eligible for L1A due to one year of international manager experience outside of USA.
    Now my question is,
    1. since I have worked for 8 years on H1B during which 5 years with current employer, would I be eligible to convert to L1A from H1b after getting the1 year international manager experience?
    2. If I will be eligible for L1A regardless of my total years of stay in US on H1B? Would I be eligible for 7 years of stay on L1A?
    3. Will this conversion to L1A anyways impacts my current I140 and priority date, if I would attempt to port to EB1c after converted to L1A status?

    Please clarify. Thanks.

  • #2
    Originally posted by anonymous81 View Post
    1. since I have worked for 8 years on H1B during which 5 years with current employer, would I be eligible to convert to L1A from H1b after getting the1 year international manager experience?
    Yes. Since you've spend 1 year outside USA in last 3 years.
    Originally posted by anonymous81 View Post
    2. If I will be eligible for L1A regardless of my total years of stay in US on H1B? Would I be eligible for 7 years of stay on L1A?
    Yes. Since you've spend 1 year outside USA in last 3 years.
    Originally posted by anonymous81 View Post
    3. Will this conversion to L1A anyways impacts my current I140 and priority date, if I would attempt to port to EB1c after converted to L1A status?
    Your company need to file for new I140, but you can keep the priority date.
    - 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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