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Below is my situation and I had a question about what it means for my GC. I hope someone can answer. Thanks in advance:
I worked in the US for several years on a H1B. My employer started GC processing but it was stalled for many years due to slow progress of priority dates in the EB3 category. Back in 2013 we decided to move back to India for family reasons. At that point my LC and I140 had been approved but my priority date was still not current. The move to India was an internal transfer within the same company to it's India office.
Cut to 2016, we have decided to move back to the US and the company is willing to do an internal transfer again. My role remains more or less the same as defined in the LC (the role/responsibilities definition was pretty broad and general to begin with). At this point the company wants to bring me back on a L1B (instead of a H1B).
My questions are:
1. What does this mean for my GC application? Can it be picked up from where it was? I was told by an immigration lawyer in 2013 that if I came back to the same role, they should be able to use the same LC, but if not, then they would have to reapply for a LC, but I would still retain the priority date.
2. Does L1B matter over H1B in this case?
Thanks in advance.
I worked in the US for several years on a H1B. My employer started GC processing but it was stalled for many years due to slow progress of priority dates in the EB3 category. Back in 2013 we decided to move back to India for family reasons. At that point my LC and I140 had been approved but my priority date was still not current. The move to India was an internal transfer within the same company to it's India office.
Cut to 2016, we have decided to move back to the US and the company is willing to do an internal transfer again. My role remains more or less the same as defined in the LC (the role/responsibilities definition was pretty broad and general to begin with). At this point the company wants to bring me back on a L1B (instead of a H1B).
My questions are:
1. What does this mean for my GC application? Can it be picked up from where it was? I was told by an immigration lawyer in 2013 that if I came back to the same role, they should be able to use the same LC, but if not, then they would have to reapply for a LC, but I would still retain the priority date.
2. Does L1B matter over H1B in this case?
Thanks in advance.
