filling PERM on L1B Vs H1B

I am on L1B VISA and have approved COS for H1B for this year.(Oct’2016) My L1B will max out in June’2017.

I need your suggestion in filing my PERM for GC.

I am planning to file PERM through my current employer on L1B and get approved I140 through premium processing before April’2017 and then want to transfer my L1B to H1B before June’2016. This way I can get 3-year extension on my H1B VISA.

  1. I-140 filing(after PERM approval) under premium processing possible under L1B VISA category ? Is there any restriction on I-140 premium processing ?

  2. Will there be any issue while transferring L1B to H1B ?

  3. If I want my I-140 approved in April’2017 then when should I tell my current employer to start my GC process ?

  4. Is there any limitation/disadvantages on filing PERM on L1B than H1B ?

Thanks for your help in advance.

  1. PP option is available to you even though you are on L-1

  2. Nothing specific, but any application is subject to review and could result in approval or denial

  3. Now

  4. Not that I know of

You mentioned that you want to remain on L-1 until I-140 is approved, but your COS is already approved and would go into effect from Oct 1. So you would have to take an action to invalidate the COS and remain on L-1.

Thanks Saurabh for a quick reply !

I am planning to go out of the country on 30th Sept and will return back on 1st Oct on my L1B VISA so my H1B COS will be invalidated and will move back to H1B once my I140 is approved. Let me know if you see any issues in this.

It looks ok. However, you are very close to the boundary dates. If possible give yourself some room - maybe leave on 29th and return on 2nd.