I have a little complex question, any help on answering this is much appreciated.
I am in USA on L1A Visa. My Visa will max out in 2 years and 8 months. My employer has started my GC process. They used to do L1A GC in EB1 before, but they are doing now in EB2 even though I am in Managerial role.
Since my GC will be processed in EB2, I will not be able to stay back in USA after my Visa max out which is 2 years and 8 months from now. Below are the two options I was suggested.
I have an approved H1B which was revoked by a different employer. That employer has processed my H1B and I did not join with the employer since I chose L1A from my current employer and they have revoked the H1B (I have the petition number, but don’t have the approval notice for that H1B also, I did not work on that H1B even for a single day). Question I have is, am I eligible for a new cap-exempt (no lottery) H1B, move to new H1B from L1A after my I140 approved and stay back in USA?
Apply for a new H1B Visa. I have 2 years and 8 months remaining on my L1A Visa and if I move to H1B, my maxout will be 1 year and 8 months. Also my company is very slow in GC processing. So if I get a new H1B, and I get I140 approved within H1B expiry, is it possible to move to H1B and continue in USA (I assume it is possible)? Also, what if I am not getting i140 on time and my my H1B is maxout by the time I get i140 (still I am on L1A)? Will I be able to make use of my expired H1B with I140 to continue in USA?
Thanks a lot in advance, any help on this would be much appreciated.