L1A to H1b conversion (cap quota) after spending 6 yrs on L1A

[us-im-1]

Hello all,
I would be really grateful if you can answer below question - here is my situation

1. I have been in US on L1a since Aug 2014. I will be completing 6 yrs in Sep 2020 and 7 yrs in Sep 2021. My L1A extension (2nd) approved till Sep 2021.
2. I also have approved I-140 (approved in Oct 2019).
3. My employer registered my H1b application for FY21 H1b cap quota, it got selected in a lottery.
4. Now my immigration team is checking with legal team whether H1B can be filed beyond 6 years based on approved I-140 or not, since I will be completing 6 years on L1A by September 2020.

As per my understanding, L to H conversions could take place under H1B cap quota regardless of the number of years spent in L1a status..

So I really need an advice from someone here, if I can go ahead with H1b full petition filing for FY21 cap quota? I would be very grateful if you could respond urgently by tomorrow.
Pls let me know if you need more information. Many thanks in advance!

[Vsamsr10]

We are in same situation and wanted to ask if my company can apply for h1.plz let me know what happens

[us-im-1]

My employer's legal team decided to proceed with h1b. Now I am wondering if I should do under consular processing (CP) or Change of Status (COS) mode. There is another thread similar to my first post: https://www.immihelp.com/forum/emplo...is-not-current

Also have few more additional questions:

1. Based on my approved I-140 from L-1A visa, can I still obtain H-1b approval for 2-3 years term (based on SOW of course)? Is there a USCIS rule for or against this?

2. My main fear is that if my H-1b gets approved for a very short duration (e.g. 1 month or few weeks) because that’s the time left for me to complete 6 yrs in US, then I would have to exit the country and lose the last (7th) year of my L1A visa petition. Is there even a slim chance of happening this?

3. I would also like to know my options in case H1b gets approved for a short duration. Can I file another COS (back to L1A) to allow myself staying in US for 7th year?

[Libra_14]

1. Based on my approved I-140 from L-1A visa, can I still obtain H-1b approval for 2-3 years term (based on SOW of course)? Is there a USCIS rule for or against this?

Yes, provided you did not completed 6 years of your stay in USA.

2. My main fear is that if my H-1b gets approved for a very short duration (e.g. 1 month or few weeks) because that’s the time left for me to complete 6 yrs in US, then I would have to exit the country and lose the last (7th) year of my L1A visa petition. Is there even a slim chance of happening this?

No, once your H1 is approved (even with validity of 1 day) you need to be ready to file for H1 extension based on your approved I140.

3. I would also like to know my options in case H1b gets approved for a short duration. Can I file another COS (back to L1A) to allow myself staying in US for 7th year?

Since your I140 is approved, the best for you would be to switch to H1 asap & get unlimited extension on H1 until you file for I485.

4. Now my immigration team is checking with legal team whether H1B can be filed beyond 6 years based on approved I-140 or not, since I will be completing 6 years on L1A by September 2020.
As per my understanding, L to H conversions could take place under H1B cap quota regardless of the number of years spent in L1a status..

No H1 cannot be file after 6 years of stay (including stay on L1).

[us-im-1]

Thanks Libra_14 for your responses.
1. My 6 yrs would be completed in Sep 2020 and my H1b start date will be 1st Oct. My employer is anyways proceeding with my H1b. So is it confirmed that will USCIS definitely reject my application
2. Secondly, if my H1b gets approved for a very short duration (e.g. few days/weeks) and it takes more time than that to file extension. How many days generally do we have to apply for H1b extension post my H1b petition expiry?
3. Lastly my approved I-140 is of EB1 category based on L1A visa. In case, my H1b gets approved and my status changes from L1A (international manager) to H1b (specialty occupation), will it impact my upcoming applications (I-485, I-765, I-131) adversely in anyway?

[Libra_14]

1. My 6 yrs would be completed in Sep 2020 and my H1b start date will be 1st Oct. My employer is anyways proceeding with my H1b. So is it confirmed that will USCIS definitely reject my application

There will be an RFE before rejection. So if you are in USA right now, you can move out of USA so extend your 6 yrs duration. I know the current pandemic situation, but consult your attorney & see option to move out.

2. Secondly, if my H1b gets approved for a very short duration (e.g. few days/weeks) and it takes more time than that to file extension. How many days generally do we have to apply for H1b extension post my H1b petition expiry?

There is no grace period, your extension application need to reach USCIS "before" your H1B petition expiry. post expiry, it will be a new petition (not extension of existing petition).

3. Lastly my approved I-140 is of EB1 category based on L1A visa. In case, my H1b gets approved and my status changes from L1A (international manager) to H1b (specialty occupation), will it impact my upcoming applications (I-485, I-765, I-131) adversely in anyway?

No impact, EB1 is only for I140 only, I485 is same for all EB processes.

[Ak_2021]

us-im-1 - what was the outcome of your petition? Did it go through or not. I am in kind of a similar situation with the H1B applied in the 7th year of my L1A. All the posts here and on other portals have speculation but no confirmation from someone who actually went through this. I have some lawyers tell me its possible while some saying it is not (Note: i have never been or held an H1 and have exhausted all recaptured time)

[sridharbe81]

us-im-1 - what was the outcome of your petition? Did it go through or not. I am in kind of a similar situation with the H1B applied in the 7th year of my L1A. All the posts here and on other portals have speculation but no confirmation from someone who actually went through this. I have some lawyers tell me its possible while some saying it is not (Note: i have never been or held an H1 and have exhausted all recaptured time)

Iam also in same situation now, whether USCIS will approve the H1B petition applied on 7th year while I am on L1A now ? Please provide your comments on this

[gcrus2575]

I have heard that for L1A holders ,you can apply for green card & the processing is very fast & usually comes within 1 year.I am sure you would have explored this option.Why are you going through h1b route & not GC filing.It will take longer to get green card, if you get converted to H1b.I am not an attorney but based on my knowledge that i have ,letting you know.

[uscisplsapproveme]

I have heard that for L1A holders ,you can apply for green card & the processing is very fast & usually comes within 1 year.I am sure you would have explored this option.Why are you going through h1b route & not GC filing.It will take longer to get green card, if you get converted to H1b.I am not an attorney but based on my knowledge that i have ,letting you know.

thats what he is doing. he has an approved i140. He just needs to maintain nonimmigrant status until his eb1c is approved

[sridharbe81]

I am also in similar situation, I was on L1B from Jan 2015 to Jan 2020, and then got the L1A until March 2022, with that I am completing my 7 years in USA.
I have the approved I140 with a priority date is June 2017. My employer has applied H1B in 2021 cap, and selected in second lottery and petition approved on 14th Oct 2021, and received approval from 10/14/2021 to 09/30/2024.

Since H1B applied and was approved after 6th year, is it legal to stay with this H1B approval now ?

[rkk09]

Hi Member,
Since H1B applied and was approved after 6th year, is it legal to stay with this H1B approval now ?
Answer: Hope you got H1B Approval along with change of status. If so then you are legal to stay in the USA on H1B status.
All the best.
Thanks