L1A to H1B Transfer with previous 140 approval

USA H1B
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1

I was working in US 5 years back on H1B and I had got my i140 approved with employer A. I came to India and joined employer B. Now employer B is sending me to US on L1A.

  1. Can I change employer in US (being on L1A) by utilizing my earlier approved 140 (which was on H1B)? Will it be cap-exempt?
  2. L1A visa is for intra-company transfer. Can an employee resign in US when he is on L1A (intra company transfer) legally OR will he be forced to go back to India and then resign?
2

You have gold in your hands with L1A. File EB1 green card as soon as you come to US.

My suggestion is to not leave the L1A employer and get green card approval.

Then, do whatever you want one GC is in hand.

If you still want to change the employer, then, you will need an H1B sponsor and they would need to file L1A to H1B change of status application.

Do not resign until you have got H1B approval. You can use the previous i140 for this.

3

@anil_am22 , Thanks Anil for quick response. I read somewhere that Change of status becomes active automatically once approved, and person need to move to new employer (H1B sponser) immediately, but there is minimum 2 week notice required to current employer (L1A sponser). How will that work? What will happen if person join H1B sponser after 2 weeks of start of CoS?

4

That you will have to manage yourself with your HR.

There is no law to serve 2 week notice. Its all policy matter.