EB1C - L1A TO H1B CONVERSION - I140 APPROVED

[Sundar V]

Hi,

I have applied GC in EB1C category and my i140 is Approved. Can’t apply EAD as the date is not current. I can’t use AC21 as I have not applied for i485 yet. Reduction is going on in my company and any time I may be asked to leave. 

1. Can I apply for H1B? If the role is same, is it fine to switch from L1A to H1B?

2. Will I retain my priority date?

Hearty thanks for your help!

[User099]

You cant just switch from L1A to H1B without going through the lottery. Need more detials to help you.

[rohit369]

Switching will take a long time. You may request your employer explaining your situation to keep you for couple of months hoping the PD will become current.

[JoeF]

On 10/3/2019 at 1:46 PM, User099 said:

You cant just switch from L1A to H1B without going through the lottery. Need more detials to help you.

If he has not been counted for the H1 quota he has to go through the lottery. The approved I-140 doesn't change that.

[JoeF]

If you didn't have an H1 before you need to go through the lottery, meaning an employer can file an H1 petition for you in April 2020 for a start date of Oct. 1, 2020.

[User099]

On 11/1/2019 at 9:50 AM, JoeF said:

If he has not been counted for the H1 quota he has to go through the lottery. The approved I-140 doesn't change that.

I also said the same that he has to go through the lottery to convert to H1, did you read something else?

[JoeF]

6 hours ago, User099 said:

I also said the same that he has to go through the lottery to convert to H1, did you read something else?

Oh, sorry. Your "cant" without the apostrophe looked like "can" on my phone.