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Unused H1B, on L1A and approved I140

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L1A-Valid until Dec 2016 and is filed by Employer A.

H1B--I got it filed through employer B and is small consultancy firm which got expired last year(sep 2013). I never used it.It has not been revoked by employer B.


I have currently completed 5 years on my L1A . Employer A filed for labor in Jan 2013 which got cleared and now employer A has filed for I140 in regular processing.

 Now my question is suppose if I work until Dec 2016 on L1A (i.e exhaust 7 years) and if my I140 is approved then will I be able to use my H1B(from employer b) and approved I140 (from employer A) in Dec 2016 to get 3 years extension on H1B by any employer(employer C, d, e etc) or would you suggest switching to H1B now only once I140 is approved.


Employer A is a big firm so I want to stick to it as long as I can hence the question.

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You can use your H1 later. However, do check if you have field COS along with H1 and got an H1 I-94. If you did, then you might have been working illegally. It actually happens in such L1-H1 transfers, and the USCIS catches it.

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Also , If you are currently on L1 A, the max time is 7 Years. If you move to H classification , the max limit changes to  6 years . If your I-140 is not approved by that time, you would only get 1 year extension based on approved Labor certification.

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