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. 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!

 

[fiski]

1) You need to win the H-1B lottery and then can do a CoS (Change of Status) to from L-1A to H-1B. If you don't have H-1B approved petition in hand, you can't do a CoS and have to wait for next year's lottery.

2) You'll retain your I140 priority date but your H-1B employer will need to file for I140 again. And this time you can't apply for EB1C since won't meet EB1C criteria with new employer.