From L1A to H1B

USA L1, L2 Visa
1

Hi,
I was in USA from 2013 to 2018 on H1B Visa. Went back to India in 2018. I have an approved I140. I recently came to USA on L1A through the same employer. I would like to change a new employer now. Can any employer in USA sponsor me using my old H1B + I140? What would be the process? Do i have to go outside of USA and get it stamped for H1B and then enter USA? Pl do let me know

2

L1A qualify for EB1 which is current for India at this point in time. This gives you an opportunity to get GC faster. Your employer can actually file for I140 and I485 concurrently and no PERM is needed. Not sure why one would like to switch to H1B and get stuck in the neverending EB2/3 queue.

Yes, H1B sponsoring employer can file cap-exempt H1B and AC21 extension based on approved I140.

Employer can file H1B in premium processing with change of status from L1 to H1B so you dont have to leave.

3

Thanks Kalpesh for your response.