Can Labour approval and I-140 while on L1B be used after COS to H1B

USA L1, L2 Visa
1

Hi,

I came back to India on October 25th 2015 after completing 5 years of period in US on L1B Visa.

My company is planning to send me back to US on L1B again as I have completed one year cooling period.

They are also interested to apply for labour approval as I reach there and then proceed for I140 and Green card subsequently.

It is clear to me that Green card through L1B takes long long time and I will need to return if I want to apply it on L1B.

My questions are:

  1. if my company applies for labour approval and I-140, and if they apply for COS to H1B later, will these same labour approval and I-140 work.

2.) Is there any minimum period after reaching there I need to wait before I can apply for labour approval and then I-140?

Please suggest. Thanks.

2

  1. The H-1B employer will have to file their own PERM and I-140 for you. However, they should be able to port the priority date from L-1B PERM to theirs provided the jobs are similar.

  2. There is no cooling period.