Outside USA now with I-140 approved by different employer and coming in on L-1B

[K2M]

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.

 

 

[jairichi]

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.

[pontevecchio]

1. Yes

2. Yes, though it will ne a new non cap H1 petition.

[K2M]

Hi Pontevecchio, Hi Jairichi,

 

thanks for your reply\answer. much appreciated. 

 

Thanks

 

[K2M]

Hi Pontevecchio, Hi Jairichi,

 

thanks for your reply\answer. much appreciated. 

 

Thanks

 

[K2M]

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.