Would you suggest applying for PERM and I140 while still waiting for H1B lottery?

Oracle / R&D TLead
Jul 16 48 Comments

I’d be joining either Amazon. Amazon said I could apply for GC on day 1. I am still on F1 OPT visa and have 2 more tries for H1B. Do you suggest I apply for GC or wait applying for GC till I get H-1B?

If I don’t get H-1B and I140 gets approved then I’d still have to leave US. Would it be a problem to come back on L1B visa then?

Would I be able to get L1 Visa later if I don’t get H1B? Or would the approved I140 be a reason for rejection of L1 in future?


Please advice.

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Current Tc: 160k

YoE: 2.5

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 TOP 48 Comments
  • Oracle not_larry
    OP just be happy that they are willing to apply. Now STFU and ask them to speed up.
    Jul 16 7
    • Oracle / R&D TLead
      OP
      Yes I am taking the opportunity. I am just trying to evaluate the consequences. Thank you for the advice.
      Jul 16
    • Oracle not_larry
      Yea don’t overthink. You may get L1 with I140 or may not get without I140. No one knows.
      Jul 16
    • Oracle / R&D TLead
      OP
      True. Approved I140 won’t be a reason for rejecting L1 right?
      Jul 16
    • Oracle not_larry
      No. Go for it.
      Jul 16
    • Oracle / R&D TLead
      OP
      Thank you.
      Jul 16
  • Amazon ilsj999
    Apply for both. I personally don't have experience with the L1 Visa but I did go from F1 to GC with Amazon and they applied h1b and gc at same time. After my I-140 was approved the lawyers told me I was allowed to stay in the US to wait for my GC to be sent to me and I didn't have to leave even though my f1 visa expired and I didn't get h1b lottery. Was unemployed for a couple months pending the EAD/ GC to be sent to me. So waiting while unemployed could be an option if you don't get h1b and you have enough savings to sustain you during the waiting period. This was 2 years ago and I don't know if the rules have changed, so ask your immigration lawyer to make sure.
    Jul 16 1
    • Oracle / R&D TLead
      OP
      But I am an Indian and the queue is like 20 years now. So would you still suggest I apply for GC? Also does Amazon apply under premium processing for GC?
      Jul 16
  • Microsoft PowerPoint
    Why can’t you apply for both?
    Jul 16 9
    • Oracle / R&D TLead
      OP
      True. Thank you. I’m just worried that an approved i140 would cause a trouble for L1B visa.
      Jul 16
    • Nutanix TCWm48
      L1B is dual intent just like H1B. You can have intent to stay in the US if you arrive on an L1B.
      Jul 19
    • Oracle / R&D TLead
      OP
      So would it be fine if Amazon applied for PERM and I140 gets approved, I don’t get H1B, and then I try to come back on L-1B?
      Jul 19
    • Nutanix TCWm48
      Yes.
      Jul 19
    • Oracle / R&D TLead
      OP
      Oh I see. Thank you for sharing the information.
      Jul 19
  • Cadence ceyu66
    You can wait to apply for gc. If you get h1 then apply for it as you don’t need it as of now for you dependent I am assuming. In case you don’t get h1 try to come on l1a rather than l1b and then apply for gc.
    Jul 16 7
    • Oracle / R&D TLead
      OP
      Would an approved I140 be a blocker for L1B visa if I don’t get H-1B and have to go out of US for a year?
      Jul 16
    • Cadence ceyu66
      There is no straight answer to that. But just a precaution you can take.
      Jul 16
    • Oracle / R&D TLead
      OP
      So would you advice I wait it out?
      Jul 16
    • Cadence ceyu66
      You just have to see which option has less complications.
      Jul 16
    • Oracle / R&D TLead
      OP
      Fair enough. Thank you for sharing the insights.
      Jul 16
  • New / IT Ecjc87
    How is it different from the case when you already have l1/h1 Visa, gc in progress and request for Visa extension?
    Jul 16 6
    • New / IT Ecjc87
      I'm on l1 and another company is applying for gc for me, when it was time to revive new l1 I had no problem with that. Actually company owning my l1 didn't even know about that.
      Jul 16
    • New / IT Ecjc87
      But generic advice would be, ask lowyer, order some independent consultation or two if your have concerns.
      Jul 16
    • Oracle / R&D TLead
      OP
      Few questions, you can switch jobs on L1? Do you suggest I apply for I140 now? I do not have L1 or H1B yet. So would an approved I149 be a blocker for H-1B or L1 Visa?
      Jul 16
    • Oracle / R&D TLead
      OP
      Thank you. I’d do that. I’d talk to the lawyer assigned by Amazon.
      Jul 16
    • New / IT Ecjc87
      You can't switch jobs on l1, unless you switch it on h1 Visa. Yes, I suggest to apply for i140, I don't think it's a blocker. But the best way, is to double check everything your find on Internet with real lowyer(s).
      Jul 16
  • Apply for GC. Worst case, you can abandon your application and then start a new one but retain the same priority date.
    Jul 16 3
    • Oracle / R&D TLead
      OP
      Can I do that? Also would an approved I140 be a blocker for L1B if I do not get H-1B?
      Jul 16
    • I don't think so, but I'm also not a lawyer. But you can always abandon your i140, go to the other country, work there for 1yr, transfer back to the US, and start a new GC application. The application will be new, but the priority date will be carried over from the old one.
      Jul 16
    • Oracle / R&D TLead
      OP
      Oh I see. I didn’t know that we could do that. But that’s an amazing insight. Thank you for sharing.
      Jul 16
  • Cisco drogbaaa
    Not related to each other. Shouldn't be an issue if you come back on l1 visa.
    Jul 16 3
    • Oracle / R&D TLead
      OP
      I hear that getting L1 approved would be tough cause then they will think that I have an intention to stay in US and reject my L1. Do you know anyone that’s been through my situation?
      Jul 16
    • Cisco drogbaaa
      I don't know personally but I assume the treatment would be similar to that of a h1 extension or even h1 stamping with i140 approved.
      Jul 16
    • Oracle / R&D TLead
      OP
      I see. Yeah I was thinking of an approved i140 would be a blocker for L1B visa.
      Jul 16
  • GE / IT PLkx61
    You’d need to work 1 full year outside of the US for that employer to qualify for an L1
    Jul 16 1
    • Oracle / R&D TLead
      OP
      Yes after that one year, when I apply for L1, would an approved I140 cause an issue?
      Jul 16
  • VMware genius1
    don’t be an idiot and overthink this. apply asap
    Jul 16 1
    • Oracle / R&D TLead
      OP
      Would I be able to get L1 Visa later if I don’t get H1B? Or would the approved I140 be a reason for rejection of L1 in future?
      Jul 16
  • Microsoft PowerPoint
    You might want to keep in mind that, given the current backlog, filing for GC and getting an i140 is pretty much redundant.
    Jul 17 0

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