Can we port GC priority date obtained from H1b visa to L1A visa

[priyasagiraju]

Hi All,

Need your inputs on my situation below.

I am currently on H1b visa with approved I-140 and GC priority date in 2018. I have an opportunity to manage team outside of US and come back on L1A visa. My question is once we come back to US on L1A will I be able to port the GR priority date (2018) I had earlier or will it be considered a separate GC with priority date when applied. I understand i will be eligible fro Eb1 but is it with already existing priority date or will a new priority date be assigned to me.

Thank you for taking time in helping me out .

[vaibhav384]

The answer will hinge on whether a new I140 will be filed or whether same I140 will be used once you switch your visa from H1B to L1A?
If the same I140 will be used got GC with a new visa type, then you should be good based on my understanding but I am not an Attorney.