L1A - awaiting EB1 i-140 approval

[l1vis]

Hi all,

Can someone help me take a decision based on my situation?
Has anyone gone through a situation like this before.

1. Currently in US on L1A visa (stamping till Dec 2022) - I can extend for 1 more year
2. EB1 i-140 applied in Sep 2021 and expecting status by March / April 2022
3. Family in India and I am processing L2 dependent visa for them (interview waiver option available and its a drop box)
-- waiting to get appointment at Chennai so that they can travel by Apr 2022

4. My company applied for H1 and lottery got picked now
5. Company asking me to decide on which visa I am planning to have

-- now here is the situation. please suggest.

a. Let's say I keep the L1:
i) if i-140 approved, no issues
ii) if i-140 has issues, I can only stay till Dec-2022
Downgrading to EB2/EB3 is possible, but I will not have sufficient time before Dec-2022
Some say extending L1A visa for 1 more year will be complicated if i-140 has issues

b. Let's say I opt for H1, it will get stamped only till Dec 2022 (by Dec 2022, I am exhausting 6 years of my stay in US)
i) if i-140 approved, no issues
ii) if i-140 has issues, I can only stay till Dec-2022
Downgrading to EB2/EB3 is possible, but will not have sufficient time before Dec-2022

Now in both cases, in case there are issues with i-140 I will not be able to stay in the country beyond Dec-2022.
Let's say i-140 has issues and if I have to go back to India in Dec-2022, what are the advantages of opting for H1 vs sticking on to L1?

Please suggest / help.

[sam2075]

Here are my thoughts and not a legal opinion.

- I feel staying on L1A seems more beneficial for you than moving on H1B. If EB1-I140 which is filed based on your "L1A extraordinary ability" is approved you are priority date is current and you can file your I485.

- if you move to H1B, you will need i140 approved to continue staying beyond 6yrs and I am not sure If your EB1-I140 which was filed based on your L1A extraordinary ability will be valid given that you moved to H1B (I assume it should but not sure).



Consult an attorney.

[l1vis]

- I feel staying on L1A seems more beneficial for you than moving on H1B. If EB1-I140 which is filed based on your "L1A extraordinary ability" is approved you are priority date is current and you can file your I485.

>>>> Thanks for the response. Depends on my i-140 approval.

- if you move to H1B, you will need i140 approved to continue staying beyond 6yrs and I am not sure If your EB1-I140 which was filed based on your L1A extraordinary ability will be valid given that you moved to H1B (I assume it should but not sure).

>>>> Checking this with my attorney. Yet to get an answer.