I am in L1A status and have almost completed my max of 7 years. I have an approved I-140. Based on that, can I move to H1B status once my 7 years is completed?


Time spent in L1A status generally counts against the 6-year max for H1B time. An approved I-140 cannot be used to extend L1A status beyond the 7-year max, but can be used to extend H1B status beyond the standard 6-years allowed.

That being said, the approved I-140 does not exempt one from the H1B cap. If the person has been counted against the H1B cap, it typically would be possible to move to H1B status. But, if the L1A worker has never been counted against the cap, in order to move to H1B status, s/he would generally need to go through the H1B lottery. (30.Oct.2017)

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