I-140 approved - Had H1-B before. what are my options to move from L1B to H1-B


K2M

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I am working for company A in  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. Now I am back in USA on L1B visa with company A.

My I-140 was applied when I was previously 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. I have the I-140 approved ( from Company B ).  Now, my current company A applied for  I-140 and approved.

Since my previous H1-B 6 year end date was more than a year from the priority date ( but all I-140 approval happened after the 6 year deadline), What are my options now for me to move to H1-B

1. Using the recently approved I-140, Can my company A transfer me from L1-B to H1-B ( not new H1-B, extend the old H1-B )

2. Though  Company A has applied I-140, can I still use I-140 from previous company B and move to company B by extending H1-B.

 

 

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