H1B Out of cap eligibility


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I'm with employer X since 2003.

I had a H1b visa issued initially in 2004 and I spent about 5years out of those 6 years. I last exited US on that H1b visa in Jun 2012 and the visa got expired in July 2013.

I was playing managerial role since 2010 and my employer applied for L1A blanket visa for me and I came to US in Oct 2015. I'm about to complete 5 years on that visa and in the process of applying for the last L1A extension.

My employer has initiated GC under EB2 in Aug 2017 and got I140 approved. 

  • Now if I want to convert to H1b, will I've to apply for change of status under cap (fresh H1b under lottery) or can I apply it out-of-cap?
  • Also, can I apply it while my L1A extension is in progress or I can do only after I receive any decision on my L1A?

Thank you!

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