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Old approved I140 and currently on L1B

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  • Old approved I140 and currently on L1B

    Hello Experts,

    I need some guidance from the community. I left US in 2013 for India . I was on H1b that time and my I140 was already approved.

    Now I am planning to come back to US with my new employer on L1b for long term. They will be filing my Green Card.

    What is the fastest way of getting green card with my current situation ?

    Can I go with new H1b and reclaim the priority date ? do I have to be part of the lottery system or my new H1b will be cap exempt since I have pre-approved I 140. My previous employer did not cancel the I140 (Assuming).

    Should I go with L1b to green card ? How long will this take ?

    thank you for your responses in advance.

    FJ

  • #2
    Originally posted by CreativeonH1B View Post
    Hello Experts,

    I need some guidance from the community. I left US in 2013 for India . I was on H1b that time and my I140 was already approved.

    Now I am planning to come back to US with my new employer on L1b for long term. They will be filing my Green Card.

    What is the fastest way of getting green card with my current situation ?

    Can I go with new H1b and reclaim the priority date ? do I have to be part of the lottery system or my new H1b will be cap exempt since I have pre-approved I 140. My previous employer did not cancel the I140 (Assuming).

    Should I go with L1b to green card ? How long will this take ?

    thank you for your responses in advance.

    FJ
    Your current status (H1B vs. L1) does not matter as far as reclamation of your old PD goes.
    1. Whether you are cap exempt or not depends on if you had any H1b time left on your previous petition, and if you have held H1 status in the past 6 yrs. It does not matter if you have an approved I140 or not.
    2. Does not matter. Time taken is independent of your current status. It is purely a matter of your PD and the time it takes to file a fresh GC petition (assuming you are able to port your previous PD).
    Just an opinion; Not legal advice.

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