I am in the USA on an L1b Individual visa, valid till the end of 2023. My employer had initiated a perm and it is now approved. the I-140 process is about to begin. I have a few questions.
Say, my I-140 is approved before my visa expires, which it ideally should, do I have to extend my L1 individual visa again ? If yes, then does that mean I will forever have to be on L1 as long as I have the I140?
How do I change the visa type to H1? And how is it done after my I140 is approved?
If my employer files an H1 for me, then does the I140 get invalidated?
You can extend L1 till its validity only (7 yrs for L1A & 5 for L1B). Once you max out your L1 period, you will need to leave the US and come back after 1 year on L1 or H1B visa.
AC21 extension of status with approved I-140 only applies to H1B. So most L1Bs switch to H1B if they plan on living in the US beyond the 5 yr term.
Any employer including your current can sponsor H1B if they have a bonafide job for you. Employer will need to apply in H1B lottery process aka cap-subject unless you hold H1B in past and have unused time left from the 6 yr term. In that case it will be a cap-exempt H1B which do not require to go through the lottery process.
No. I-140/PERM job is a future green card job and has nothing to do with your current non-immigrant status. It will remain valid for AC21 extension for H1B beyond 6 yrs and your current employer can file I-485 once your PD is current. If you change the employer, the new employer will need to restart the PERM process however you will be able to retain your PD and port it to the new I-140.