K2M Posted July 29, 2015 Report Share Posted July 29, 2015 I am working for company A outside USA. I have worked in USA on h1B before with company A. Since my 6 year limit is reached I was transferred to outside USA and working for same company A. My I-140 was applied when I was in USA by another company B with the intention to hire me after I-140 was approved. I-140 was not approved before my 6 year limit. So I didn't join company B. After I moved outside USA, my I-140 was approved. Now company A has did L-1B for me and it will transfer me back to USA. My question is, 1. if I choose to change job while I am in L-1B, can I move to another company ( B or any other company X ) by extending H-1B using my approved I-140 (not new H-1B) 2. Can the Company A change the L-1B to H-1B by extending H-1B using my approved I-140. (not new H-1B) thanks in advance. Link to comment
jairichi Posted July 29, 2015 Report Share Posted July 29, 2015 In this situation I think it will be possible to move to H1B only if you have some days to recapture on H1B and employer files a cap exempt H1B petition based on approved I-140. I might be wrong. Wait for other members opinion or talk to an attorney. Link to comment
pontevecchio Posted July 29, 2015 Report Share Posted July 29, 2015 1. Yes 2. Yes, though it will ne a new non cap H1 petition. Link to comment
K2M Posted July 30, 2015 Author Report Share Posted July 30, 2015 Hi Pontevecchio, Hi Jairichi, thanks for your reply\answer. much appreciated. Thanks Link to comment
K2M Posted July 30, 2015 Author Report Share Posted July 30, 2015 Hi Pontevecchio, Hi Jairichi, thanks for your reply\answer. much appreciated. Thanks Link to comment
K2M Posted September 20, 2016 Author Report Share Posted September 20, 2016 Hi Pontevecchio, I wanted to add two more follow-up question on the same question I asked before. Now I am in USA working for Company A on L1-B ( transferred to USA). I have the I-140 approved ( from Company B ). I understand, I can move to company B or any other Company C by extending my H1B using the approved I-140. My question are below, 1. Is there any validity \ deadline before which I should do the move or can I move anytime as long as I-140 is not revoked. I heard about 3 year period but I was not so sure. 2. My company A is planning to apply perm\I-140 now. Once this I-140 is approved, can I use this new I-140 to extend my previous h1b. thanks in advance. Link to comment
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