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L1A to H1B Conversion question ( Based on prev. H1B with EB2- I-140 approved )

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  • L1A to H1B Conversion question ( Based on prev. H1B with EB2- I-140 approved )

    Appreciate your help in this case.

    In USA -> 2014 to 2016 on H1B and EB2: I-140 approved with Comp A
    In USA -> 2016 to 2018 on H1B - transfer to Comp B
    Deputation Canada -> 2018 - 2019 on workpermit as an executive role in Comp B
    In USA -> 2019 to till 2022 on L1A as executive/Mgr with Comp B (No GC filed)

    Can i convert back to H1B cap exempt using my previous EB2-I-140 with same Comp B or old Comp A or new Comp C?

    If yes, can I join based new employer H1B receipt ?




  • #2
    Hi Member,
    Please see my response below.
    Can i convert back to H1B cap exempt using my previous EB2-I-140 with same Comp B or old Comp A or new Comp C?
    Answer: I think Yes. Since you have I-140 Approved petition, with that you can file H1B petition and it will come under CAP exempt.
    If yes, can I join based new employer H1B receipt ?
    Answer: Now you will need to file change of status petition from L1 to H1B. In this case, you can join with H1B Employer once you get H1B Approval.
    Thanks

    Comment


    • #3

      Firstly, apologies in advance if this is a dumb question, I've tried to find an answer but haven't been able to get anything that gives me a straight answer!

      My employer sent in the petition for my L1-B to L1-A conversion in August and I can see on the USCIS website that the i-129 was approved last week. I want to understand the next steps from here? When is the visa officially approved and do I need to attend an interview or anything to get my passport updated?
      I'm a UK citizen and currently in the US.

      Thanks in advance!

      Comment

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