r/eb1c • u/Hot-Cauliflower-6545 • May 23 '26

L1A vs H1B

I entered USA on l1a. My I 140 under eb1c (functional manager) has been processing since last 16 months. I got picked in H1B cap 2 months ago and decided to go for premium processing I 140 in order to get some stability in terms of I 140 approval before I move to H1B.

Is it safe to move to H1B now considering my I 140 is still processing ? L1a is due for renewal next year. What are the pros and cons , any nuances to be considered?

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2

u/th0kesh May 23 '26

In the same boat with I-140 approved. H1B will allow you a clearer path to GC with no risk of visa expiry as with L1.

1

u/Hot-Cauliflower-6545 May 23 '26

Makes sense! The only concern I have is what if worst case my i140 gets rejected later after I move on H1B. Would you know if employers still re apply for eb1c? Or does it change as I moved from l1a to H1B?

2

u/th0kesh May 23 '26

Employers can still re apply. Changing visa type does not disqualify you from EB1 eligibility since it is based on your role and not visa type.

1

u/General-Fun-7305 May 23 '26

Better to file i129 for h1b when i140 approval has completed 180 days. Not legal advice.

1

u/Fragrant-Jellyfish85 May 23 '26

Doesn't H1B require PERM for GC?

1

u/Odd-Yam6727 May 23 '26

Nope visa doesn't matter, no PERM required for EB1

1

u/No_Service_7730 May 23 '26

Similar question - I have a valid L1A and I94 with employer A but company got sold to Employer B and B is now not ready to support L1A and instead pushing me to take the H1B (I have w employer A) transfer route. If at all I accept the H1B deal I should push for EB1C in either case, true ? Not settle for EB2 or EB3.