L1A to H1B (Based on previously EB2-I140 approval)

[swiftdojo]

Hi,

Currently i am on L1A its been 3 years valid till Mar2022.. No GC filed.. I had H1B before and EB2-140 approval with my old employer.

In case i get new offer from other employers.. Can I switch back to H1B based on I-140 approval with same L1A employer or New employer ?

Thank in advance.

[Libra_14]

It depends on when & how much time you spent on your earlier H1B & current L1A.

[swiftdojo]

Thank you for response.

Here is the details:

H1B duration 3 years 3 months from July 2014 to Feb 2018

-- Fresh H1B with Comp A from July-2014 to Oct-2016 ( I-140 Approved through comp A in Mar-2016 )
-- H1B transfer to Comp B from Oct 2016 to Feb 2018 (then deputed to comp B in Canada on work permit for 15 months)

L1A duration 1 year 9 months from May-2019 till date
-- L1A with Comp B


I would like to switch to H1B with comp A or comp B or comp C. So, will it be cap exempted ? which document i need to produce for switching?

[Libra_14]

This is mostly a question for H1 visa section. But to the best of my understanding, you are not cap exempt & need to go through the lottery.