L1A to H1B after 7 years - I140 approved

[krish420]

Hi,

I am on L1A recently and have been in the US since 5+years now. I have I140 approved on EB2. (I was not a manager in India, so when i was made a manager in the US, I can be on L1A, but I cannot apply on EB1).

The immigration department in my company says that if my priority date is not current after 7 years, they would move me to an H1B, and keep extending my H1B till the priority date becomes current. Is this possible ? I thought that I would have to leave USA after 7 years.

I searched online, and found this on another website.
" Time spent in the US on L status counts towards the H1B limit of six years. So, in the case of an L1B person who has maxed out his/her 5 years of stay, he/she can get one year on H1B. But an L-1A alien cannot get an H1B (assuming he/she has maxed out 7 years). Of course, if the person qualifies for a 7th year H1B based on a pending Labor Certification/Immigrant Visa Processing, then the change of status from L-1 to H-1B is possible."

Does this mean I can change from L1A to H1B after seven years ?

[s416504]

I think You are ok with 7th year H1B extention by transferring L1A-H1B.
You don't have to leave to transfer from L1A-H1B. In my case I came on h1B-L1A-h1B but never left country for these tranfers.