Q: Hi, I have approved I140 under EB1C (L1A). If I move to EB1A, can I retain my priority date. Thanks.
I have approved I140 under EB1C (L1A) with priority date of March 2024.
I'm trying to understand which option can help me with staying longet (as L1A has 7 year limit) and employment flexibility without losing my priority date.
1. If I move to EB1A under current L1A visa, can I retain my priority date?
2. If I move from L1A to H1B, can I retain my priority date?
Current wait time is 2 years for EB1C to file I485.
Which is better - Wait in queue under existing EB1C to GC (or) move to EB1A and transfer to H1B?
Plz share your guidance.
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A:
Yes, you can retain your March 2024 priority date when transferring from EB1C to EB1A, as both categories fall under the employment-based first preference. This rule applies regardless of whether you stay on L1A or switch to H1B status.
Moving to H1B could give you more flexibility since it can be extended beyond 6 years if you have an approved I-140, and it allows you to work for multiple employers. The H1B option combined with pursuing EB1A could be beneficial as EB1A doesn't require a job offer or employer sponsorship, giving you more career mobility.
Based on your situation, pursuing EB1A while transferring to H1B status might be the most advantageous path. This approach would maintain your priority date, provide longer stay options through H1B extensions, and offer employment flexibility through both H1B portability and EB1A's self-petition option. However, since immigration strategies can have complex implications, consulting with an immigration attorney who can review your specific circumstances would be helpful before making this decision.
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