Can I retain my GC Priority date with completely new H1B / L1 visa


vijay.nj

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I am on an L1A visa and will complete 6 years at the end of this year. I could get an extension for one more year beyond that.

 

My company is processing my Green card petition through EB2 PERM route and my I-140 was approved last month.

 

However, I am looking at a situation where I am required to go back to my country (India) once my L1A visa expires. My current employer is most likely to lay me off and withdraw my Green Card petition. However, by that time I would have completed 180 days from I-140 approval.

 

Subsequently if come back to the US after a year or two on a separate H1B visa from a new employer (who is willing to file for my Green card through PERM for a similar role), can I retain my priority date from my current GC petition or will the current GC processing be of no use to me?

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