Hi,
H1B selected in lottery this year 2016 (first H1B ever). Also have approved I-140 on L1 visa (October 2014). I have an approved H1B from 2009 but i have never used it. I have always been on L1 Visa (L1B for 4.5 and L1A for 1.7 years). I can not file for EB1 as i have not been a manager outside USA for min 1 year.
What are the chances that my 1st H1B will be approved as i have already been on L1 Visa for 6.5 years?
If USCIS goes by the rulebook, then your H-1 should not be approved as you have stayed inside US on L-1 for more than 6 years and haven’t stayed outside US for more than 1 year to cool-off.
Did the attorney submit the fact that you have an approved I-140?
Why do you call 2016’s H-1 as your 1st ever H-1 when you got one approved in 2009?
Did the attorney submit the fact that you have an approved I-140? - Yes priority date Oct 2014.
Why do you call 2016’s H-1 as your 1st ever H-1 when you got one approved in 2009? - 2009 H1B was approved but i did not go for stamping, instead i came to USA on L1B.
The approved visa from 2009, will it play role for my COS from L1A to H1B?
If they submitted copy of I-140 approval, then it should be fine. They should allow the petition to run through beyond 6th year.
You could have used 2009’s H-1B for cap-exempt filing instead of going through the lottery. Doesn’t matter whether you got it stamped or not. You got an approved petition and were eligible for cap-exempt petition.