It’s one many Indians in the U.S. are silently asking themselves. Particularly now, when the layoffs are occurring even in areas that had previously felt secure.
You’re on an L1A. Your EB1C I-140 is ongoing or recently submitted, and you’ve just been selected in the H1B lottery. In theory, on paper, it seems like you have two great choices — but it’s not as easy as that.
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The L1A is a strong visa. It allows you to shoot straight for the EB1C green card route, and once your I-140 is approved, you’re halfway there.
The catch, however, is that your whole L1A status hinges on your employment. Any slight change in your position or an unexpected layoff, and it all comes crashing down.
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And then there is the alluring offer — the H1B. A visa that offers you greater freedom, allows you to change employers, and can even go beyond six years if your green card process is underway.
So changing from L1A to H1B appears like a safety net, isn’t it? It is, but only if you utilize it properly.
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Here is where it gets complicated — a transition to H1B would potentially disrupt the very basis of your EB1C. Since EB1C depends on your position as an executive/manager in the same company group, as soon as you make a transition to H1B, you are not technically following that path anymore unless the employer still maintains it in the exact same manner.
Most people believe they could simply jump over to H1B and keep EB1C alive in the background. USCIS can challenge the consistency of your position or whether you are even eligible anymore. The change of visa category can be viewed as a change of purpose.
Meanwhile, nobody wishes to just sit and wait on L1A with crossed fingers during layoffs. Particularly not when H1B provides some leeway to breathe, request EADs for spouses, and even switch jobs later if absolutely necessary.
The wiser move could be to turn on H1B, but only once the EB1C I-140 is approved — and only if the employer verifies that the EB1C petition remains valid, even with the visa change. It’s not so much about getting approvals; it’s about remaining eligible.
Timing is everything in this game. A misplaced move can erase years of work, particularly when both visas have their own fine print.
For Indian professionals seeking stability in the U.S., this isn’t merely paperwork — it’s about securing the future without inadvertently pulling the plug on your best shot at a green card.
