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Job Change - L1A and H1-B

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  • Job Change - L1A and H1-B

    Hi All - Firstly I want to say what a great forum this is and all the topics and responses have been of great help over the years.

    Background: I have an L1A visa and was also picked in the H1-B lottery this year. My i140 has been approved under EB1 C ( Multinational manager with Ivy league MBA) , with a priority date of Mid 2019, although the queue is retrogressed for my home country (India) so, the chances of AOS in the near term do not look likely.

    Concern: I am looking to change roles (if not externally, than at least internally within my company). Part of the reason is I want to move to the west coast. I am also concerned that I do not want to reset/restart the i140 application, as I have already faced numerous delays on this over the years.

    Question 1) Can I switch companies given that now I have a H1-B visa - will I be able to maintain my approved eb1 i140 which was filed through my current employer?

    Question 2) If the above is not feasible, will switching roles/location internally within the same company be ok without having any adverse impact on the existing i140?

    Thank you all for the help in advance! Looking for some clarity on my options here prior to taking any decisions.

    Appreciate the help



  • #2
    Originally posted by Ken86 View Post
    Question 1) Can I switch companies given that now I have a H1-B visa - will I be able to maintain my approved eb1 i140 which was filed through my current employer?
    Yes & No, your I140 will be lost, if you switch company, however the good news is your Priority date will still stay with you. So your new company need to file for another I140 with same job description, but you will be able to file your I485 on the same date as your current employer (eventually no loss of yours).
    Originally posted by Ken86 View Post
    Question 2) If the above is not feasible, will switching roles/location internally within the same company be ok without having any adverse impact on the existing i140?
    Getting an promotion won't impact, for example, promotion from a director position to an VP position (you'll still be a manager with same authority in company).
    - 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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