Conversion to H1B on 6th Year of L1


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I'm in L1-A and my max-out date is 02/10/2019. My I-140 is approved under EB2, and so I'm looking to get nominated for H1B conversion through my employer.

Can we apply for H1 conversion on 6th year of L1? My 6th year on L1 will end on 2/10/2018 which is after 10/01/2017 (H1 start date). In case H1 is approved, there’ll still be time to file for an extension after 10/01. 

The confusion is that my employer is saying he cannot file for conversion since L1A 6th year will begin on 2/10/2017 which is before 10/01/2017.

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On 12/16/2016 at 11:40 AM, aparnameher said:

L1A holders have better chance of getting GC through EB1 category. Why was not that path is pursued? It will avoid all the hassles that you are going through now.

I was on L1B when my GC was applied. though my visa got converted to L1A, but my employer is not processing GC to EB1 since I've not spent enough time at offshore at Manager's role. 

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