Can you retain your priority date when applied on F-1 Visa, if you come back on L-1B visa in future?

Oracle / R&D TLead
Aug 14 7 Comments

Title says it all.

If my I-140 gets approved on F-1 OPT and I get priority date set, can I retain it if I leave US and come back on L-1B visa in future?

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TOP 7 Comments
  • Citadel Securities wagecuck3
    Yes with the usual caveats
    Aug 14 6
    • Citadel Securities wagecuck3
      L-1 allows dual intent so there should be no issues there. It's not clear from the information you gave whether or not a new I-140 will be required for the job you will return to after your stint abroad. If a new I-140 is required then it will receive the priority date of the old I-140. If not, then the I-140 will retain its own priority date. The caveat is that there can be INA 203(g) cancellation if the priority date is current for 12 consecutive months and you don't apply. But this situation should be easy to avoid in your case.
      Aug 14
    • Oracle / R&D TLead
      OP
      The thing is if the priority date becomes current then I can move to US on L-1B sooner. I am Indian. The point is Amazon is willing to apply for my I-140 on day 1. Do you suggest I go ahead and apply for PERM and I-140 or wait til I get H-1B?
      Aug 14
    • Citadel Securities wagecuck3
      There will be no disadvantages from having the I-140 be approved as soon as possible, except: once the I-140 has been filed or approved, you cannot travel abroad and return using your OPT anymore. So, you better hope your parents don't get cancer, or anything like that.
      Aug 14
    • Oracle / R&D TLead
      OP
      The thing is I-140 approval takes at least 18 months. My OPT ends in 22 months. So I can’t travel for those 4 months. If I get H-1B then I can travel. I am worried about the situation if I do not get H-1B. Then my company would send me to Canada and bring me back on L-1B. What do you think in this case? Cause I-140 approval takes time right.
      Aug 14
    • Citadel Securities wagecuck3
      Well firstly the travel restriction starts once the I-140 is filed (not approved), and secondly a more typical amount of time until the I-140 is filed is more like 7-10 months... anyway, having L-1B as a backup is a fine plan.
      Aug 14