Moving back to US in L1A but with I140

[b_senthilbe]

Hi, 

I moved from US (held H1B) to Canada (work permit -- same employer) for work on 2017 Oct and have a valid I140. My H1 is expiring by end of this year. I will be heading back to US by end of 2018 through L1A visa. My employer would be doing my GC in US in EB1. It might take up to two years to get GC in US. My question is that if I loose my job before I get my GC, would I be able to use my I-140 and have a new employer apply for H1 (cap exempt) ?

_S

[Jay2021]

You wont be able to since for the new employer you would not have met the requirements for EB1.

I am also in similar situation as yours. Have you already got the L1A? Was your H1 cancelled by the consulate during the visa interview? If so was is before or after the L1A decision? Appreciate if you could share your email so that we can connect.