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L1B Expiring - Unlucky in H1B Lottery - Restart GC Processing ?

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  • L1B Expiring - Unlucky in H1B Lottery - Restart GC Processing ?

    I am on L1B term which is expiring next year (after 5 years) and I have been unlucky to not able to get in H1B lottery in past 3 chances I have given up on the lottery process but my GC is under processing. (I-140 has been filed).

    I wanted to know if I have to move out of USA after my 5 year term of L1B visa and my I-140 is under processing, considering that I come back to USA on L1B visa again for another 5 year term with the same company, will I be able to keep my priority date or do I have to restart the GC processing?

    I am worried that all if I had to redo GC processing after coming back to USA?

    Thanks,

  • #2
    L1 and GC processing are two completely separate things, and have no bearing on each other. Your L1 is for current employment, while GC is for future employment. So, to answer your question: Yes, you can leave the country, stay out for at least 1 yr., and return using a fresh L1. You can also choose not to return until you get your GC. In either case, your I140 priority date will not be affected.
    Just an opinion; Not legal advice.

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    • #3
      Thanks for the quick response,

      Keeping priority date same, do they have to redo the PERM process again (GC First stage) after my return?

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      • #4
        Originally posted by ions.quantam View Post
        Thanks for the quick response,

        Keeping priority date same, do they have to redo the PERM process again (GC First stage) after my return?
        If it is the same employer, nothing needs to be done. If it is a different employer, they have to file the I140 again and you can claim your previous priority date.
        Just an opinion; Not legal advice.

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        • #5
          Originally posted by scientist2016 View Post
          If it is the same employer, nothing needs to be done. If it is a different employer, they have to file the I140 again and you can claim your previous priority date.
          Thanks for ur reply,

          Comment

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