L1A to H1B Conversion with I140 approved

Hi All,

Currently am on L1-A with company-A and have I140 approved and been on this L1-A for last 5 years and my current max-out with this L1-A is June 2023 (7 years max-out for L1-A) . My H1-B application got picked in 2nd lottery this year with company-B and If am filing my H1-B application with company-B, can I use my I140 which was filed from Company A?

Also, what will be my max-out when I switch to H1 (max-out 6 years) after it gets approved? Will it be June 2022 as I have already completed 5 years on my L1-A or will be it never ending as am filing the new H1B from company-B with approved I-140?

Appreciate your responses/comments.

L1A qualify for EB1C, what EB category your I140 was approved? Generally folks in L1A will apply under EB1C ( no PERM needed) and you can file concurrent I140 and I485 as the PD is current right now.
Just wondering why would someone on L1A want to switch to H1B :slight_smile:

You can use it for AC21 extension of H1B status beyond the six year term.

Standard H1B term is 6 years. If you have an approved I140, you can keep extending your H1B status beyond six years until your PD is current at which point you can file AOS to get your green card.
Note that to be able to get your green card, your H1B employer will need to start the GC process again ( PERM -->I140–>I485) however you can port your PD from the I140 from employer A

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Thanks Kalpesh for taking time to respond to my query. You are right L1A qualify for EB1C but due to some changes in our company they have reduced the eligibility to apply for EB1C and i fell under EB2. I got my 140 approved in EB2.

As my visa is close to max-out and I don’t see any other option rather than H1B. So, when the company B files for my H1B application do they need to append my approved I140 along with AC21 extension form?

So, irrespective of which company filed the I140 we can use that for H1 extensions with other companies as well right?

You will need that after 6 years of your H1B, not at this point. Also I am guessing your H1B employer will be starting your GC process once you join them.

Yes, when you do change of employer or extension of status after 6 years of your H1B term.

Thanks for the inputs. H1B employer did say that they will start the GC process. Say like now the new H1B is approved for 2/3 years from USCIS, do the company B (H1 sponsor) need to submit for AC21 extension by end of 6 years for me to stay legal after 6 years max-out (June 2022)?

Once H1B is approved with company B, can my spouse be eligible to apply for H4 EAD as i have approved I140?

Yes but not sure why you keep referring to June 2022. Its 6 years from your first H1B and doesn’t count your L1A years.


As far i know, the visa max-out gets reset only after we move out of US for 1 continuous year.

In my current organization I saw people moved from L1B (served 3 years) to H1B and their max-out was set only 3 years from the day H1 approved as they already served 3 years on L1B.

Yes thats right. So you have already served almost 5 years of L1 term? In that case your H1B maxout will be next year is what you are saying which I agree.

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Yeah I served already 5 years on L1 from June 2016 to till date. So now I think the H1b company need to use my 140 AC21 with h1 application now or they need to do AC21 extension again before my maxout which is next year. Please correct me here on my understanding.

Yes, your new employer can use your I140 and request for 3 years extension now.

Thanks for all your inputs and time.

Currently am on L1 Visa with Company A and filing new H1B with Company B. Once my H1 is approved with Company B am I allowed to serve the Notice period (2 weeks) with company A?

Answered in another post you have going.

Hi @aashvin169
I am now facing the exact same situation. Can you please summarise the conclusion?
It would be great if you can ping me at Nagrajumunigala@gma.com