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

[Bonyboy (aditya kalyan)]

Hello,

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.

Question:
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.

Thanks

[Kalpesh_Dalwadi]

@Bonyboy

I am currently on L1A from 2016 with maxout date of Sept 2023 and have my I140 approved in EB2.

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

@Bonyboy

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.

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.