L1a with i140 approved in EB2. Can i move to my old h1b


I am currently on L1A from 2016 with maxout date of Sept 2023 and have my I140 approved in EB2. I have been trying H1b lottery for last 2 years but no luck. Before L1A, i was in USA from 2006 to 2011 on H1B visa.

Since i have my I140 approved, can i go back to my old H1B from 2011 and continue my work/stay in USA? I have exhausted almost all of the 6 years stay in USA between 2006 and 2011 and must be having hardly 3 months left on that H1b visa.


L1A qualify for EB1C, why did your employer put you in EB2 queue?

Your employer can file a new cap-exempt H1B, claiming the unused H1B time from past (any time you spent outside of the US during 2006-2011 can also be claimed) and also file for extension under AC21 using approved I-140.
I am assuming your past H1B was cap-subject.