L1A then H1B
I came back to USA after working in other country for 2 years on L1A, left usa because didn’t get h1b during stem-opt, now in the process of filing eb1 within a month or so. My company has some rule so they filed for h1b as well, and I got through lottery this time. Couple of questions on this situation. 1) if I file for eb1 now and later change to h1b, does that effect gc process in any way ? 2) can I continue on l1a until I get my gc, but get my h1b approved and just don’t use it or something ? As a backup incase I get in to a situation that h1b can help 3) once my i140 is approved, can I change status to h1b and shift company without effecting my gc process ? 4) what’s the best thing to do in this situation ? Thanks for any support or suggestions #tech #immigration #h1b #greencard #visa #tech
1. No 2. If your H1B application is change of status, by Oct1, automatically you will be in H1. But if it is by consular processing , you can convert to h1 after you go interview and stamping in US consulate 3. Yes , if your I140 is 180 days old and new job is similar to old one
3. No. OP needs to file EB1 I-140 with the new company. And will be ineligible for EB1-C. Op is stuck with current employer until GC.
L1A or H1B status doesn't make any difference for Eb1. It's your job title and similar responsibilities that matter. You can file Eb1 and switch status, no impact. Once your i140 is filed and approved, and let's say your priority date is current and you filed i485 then with h1b status you can switch company after 6 months of i485 filing, you can't do that on L1A. Switch to H1B as early possible, it won't impact your Eb1 filing as long as the position is same.
You can be on H1b and still apply for EB1. I think you're thinking that you need to be on L1A to apply for EB1, which isn't true.
Thanks for clarifying, but do I need to reapply for eb1 of if I change to h1b ?