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Is it worth moving to new employer and go with L1A visa instead of H1B? i140 approved

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  • Is it worth moving to new employer and go with L1A visa instead of H1B? i140 approved

    Scenario:
    1. I was in USA from 2014 to early 2020 on H1B.
    2. Came back to India with 2 weeks left on H1B while perm process was in progress
    3. I140 (EB2) is approved in late July 2020, visa extension is also approved in Oct 2020 for 3 years
    4. currently stamping process is restricted in India and moreover chances to go back to USA with current employer seems less due to limited project roles.
    5. my 6 months of approved I140 will end by Jan 2021
    6. I am looking to switch employer in India in 2021 and then go back to USA.

    Assuming I join new employer in April 2021 in India. I have 2 options and not able to decide which one is better

    Option A: File for Cap exempt H1B using my approved I140 and travel to USA.
    This option seems like fast way to move back to USA, but it might still take few months in 2021 considering visa application first and then getting stamping done.
    Also, with EB2, PD will not become current for many years as per current situation for India citizens. Good thing on H1B will be option to change employers in USA if I want to.

    Option B: join new employer on Managerial role and complete 1 year in India on that position. and then go for L1A visa. with this option, I might have to wait till June 2022 approx.
    but in this case, I can go for EB1 GC processing.
    other things I can think of is - in case my L1A visa is not approved for any reason, I will still have an option to file for H1B cap exempt using my approved I140

    I feel option B is better in long term, am I missing anything here. Please share feedback.

    Note - I do have offers from different employers for both the options and join them in India in 2021


  • #2
    Originally posted by steady View Post
    Option A: File for Cap exempt H1B using my approved I140 and travel to USA.
    This option seems like fast way to move back to USA, but it might still take few months in 2021 considering visa application first and then getting stamping done.
    Also, with EB2, PD will not become current for many years as per current situation for India citizens. Good thing on H1B will be option to change employers in USA if I want to.
    Since your existing H1 is expired, I doubt you will be able to file cap-exempt H1 (I am not sure about H1 process). But, if you can, that will be the best option if you want to move to USA sooner.
    Originally posted by steady View Post
    Option B: join new employer on Managerial role and complete 1 year in India on that position. and then go for L1A visa. with this option, I might have to wait till June 2022 approx.
    but in this case, I can go for EB1 GC processing.
    other things I can think of is - in case my L1A visa is not approved for any reason, I will still have an option to file for H1B cap exempt using my approved I140
    That seems good option as of now, considering the current market situation is not so good.
    - 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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