Approved I-140 in EB1c, Any issue in H1B extension?

sndmurthy

New Member
My H1B visa is getting expired on 10-Jan-2020 and have maxout Dec-2021.

I have approved I-140 (EB1C) received date: May-2019. Priority Date: Feb-2018.

My employer is not filing my extension, Since my EB1 I-140 approved under the SOC category 11-3021.
Questions,
1. Will there be any risk on I-140, if i apply H1B extension?
2. What are the options to keep my I-140 and continue here in USA?
3. How about converting my H1B to L1-A or L1-B visa?
4. Is it possible to change from EB1 to EB2. Is it a good choice?
5. Any possibility of getting EB1c come to current by October 2019? If it come, any option to file I-485 in premium?
6. Keeping I-140 approval, can I apply I-485 staying outside USA (Consular Processing)?

Thanks!
 

BPatel

New Member
I am in the same boat. I heard the same from my employer. As per them there have been recent cases where I140 was revoked after approval when H1 extension was filed. Since H1B is specialty and not particularly managerial role, USCIS can revoke your approved I140. Ideally Eb1C should be filed under L1A coz that is the right visa. However, H1B can also be used to file Eb1C if your company projects you in techno managerial role which is again upto USCIS to decide. Things have changed since 2017 and USCIS has become strict on these criterion.

My company had the same concern in 2018 when my first H1 extn was due, but I went ahead and filed h1 extension and got approved until Dec-31-2019. and my I140 is still valid. My H1 extension is due again in Dec and my employer is asking me to switch to L1A. My take on this

1. After spending more than 3 years on H1B, if I file L1A then it will arouse suspicion in USCIS. Also, I didn't get promoted or significant salary hike to prove that I belong to L1A. Also, L1A denial rates are high. I am not sure on what basis USCIS will approve my L1A COS when I had been on H1B for the past 3 years and nothing significantly changed in my profile. For USCIS it's the rule or facts but the intention of VISA matters the most these days. If they smell that I am trying to save my I140 by switching to L1A they might deny it.

2. Continuing H1b extension has a good chance of approval , coz USCIS might approve the extension of old visa rather than approving a new VISA which incurs lot of changes. I understand there is a risk of I140 revocation, but chances are pretty slim of that happening. I spoke to an attorney and they suggested that if company attorney make a strong case in H1extn by aligning technical responsibilities along with managerial then it might work.

Please let me know what you thing on above points. I can again talk to different attorneys based on your feedback. Please reply as soon as you can.
 
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