COS from L1 Bto H1B


I am currently in L1B status for employer A (one of the top 4). My H1B petition was also approved for the same client for same employer in 2013 and is valid till Sept 2016.

My employer is processing my GC. Since we cannot stay beyond 5 years in L1B visa, i asked for COS.

The process was going fine unless they realised there will be a change in cost due to prevaling wage requirement

Then they suddenly informed me that there is a high rejection for COS from L1 to H1 and suggested they will file my cap-exempt petition in 2018…

Is it true that there is high rejection for L1 to H1 COS?

Is Consular processing a better option?

One more question is there a difference in approval time for I-140 for EB2 & EB3.



There is no difference in approval time for I140 under EB2 or EB3. Best is to apply in premium processing and apply for extension beyond your 5 years on L1B, that way you may not need a COS.