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Eb1 Manager Eligibility

Discussion in 'I-140 petitions' started by rohitnar, Mar 10, 2016.

  1. rohitnar

    rohitnar New Member

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    Hi Ron:

    I have an approved I-140 in EB3 but because it will take years to be current, I am exploring other options.I recently came across EB1 Manager Category.

    I was out of the country for 8 and half months waiting for my Perm / I-140 to be approved. During that period, I worked in a Managerial position for the same company but from out of the country. I was paid as a contractor for this period. I am back now with a H1-B extension based on that approved I-140 and working for the same employer. Am I eligible to file in the EB1 Manager category should the position exist? If I am, may I have my employer contact your office to take up the GC application?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, you need one full year as a salaried employee overseas.
     
  3. rohitnar

    rohitnar New Member

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    Thanks. And could that have been 6 years ago? I also worked for the same employer from 2004 to 2006 from out of the country. Or should it have been within the last 3 years?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Within the last three years before coming to the U.S.
     
  5. rohitnar

    rohitnar New Member

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    Thanks. That was my question , sorry I should have rephrased it better.


    Within the last three years before coming to the U.S. for the first time? Which in my case would be 2007

    or

    within the last 3 years before the last U.S entry ? In which case I clearly do not qualify.

    Actually, this link is what prompted this question

    http://www.immigration.com/faq/us-green-card/employment-based-green-cards/eb1-green-card#9321

    Answer:

    Looks like you should be eligible for EB-1C. In cases like yours, three years are not an issue, if I remember the rule correctly. You can apply.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    A brief visit abroad would not reset the clock. If you came here as an H or L in 2007 and have remained in lawful status, then the relevant period would be 2004 to 2007.
     
  7. rohitnar

    rohitnar New Member

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    Hi Ron:

    Thanks. Yes came here as a H1B in 2007 and have remained in lawful status. In the period 2004 to 2007, I was working as a Project Manager for 2 years for a subsidiary of my present company and I still have Payslips and other details from that period.

    Questions

    1) Do I qualify for an EB1 Manager even though I have an EB3 approved I-140 from the same employer?

    2) If so , I may be inclined to port. Does your firm handle porting?
     
  8. rohitnar

    rohitnar New Member

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    Hi Ron:

    Can you please get back on the above when you get a moment? Thanks
     
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  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I don't see anything that you have written that would make you ineligible. You cannot, however, port at this time.
     
  10. rohitnar

    rohitnar New Member

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    Hi Ron:

    If I am not ineligible why can't I port? Is porting not allowed for EB3 to EB1 from the same company, even if its is for a different job?
     
  11. DonDraper

    DonDraper Guru

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    you dont need to port as EB1 is always current for all countries.
     
  12. rohitnar

    rohitnar New Member

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    Thanks, I was a bit confused as to what "You cannot, however, port at this time." reply from Ron meant. So I understand that porting is only for EB3 to EB2.

    This will be a new EB1 petition for me, right? Also what happens if for some reason the new EB1 petition gets denied, not saying it would but just in case. I can always fall back on my EB3 approved I140 , is that right?
     
  13. DonDraper

    DonDraper Guru

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    I dont know your background but here is the qualification for Eb1

    You must have worked for atleast 1 year in the last 3 years prior to entry to USA in mangerial role.

    EB1 & Eb3 are separate. Yes you can fall back to Eb3 as long as your job requirements are the same as that in the PERM
     
  14. rohitnar

    rohitnar New Member

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    Yes, I do have that. I first came to the US in 2007 . In the period 2004 to 2007, I was working as a Project Manager for 2 years for a subsidiary of my present company.


    But it helps to know I qualify and am eligible.I wish my company's attorney had presented us with the EB1 option.I could have had my GC by now. Now I am going to have to do the hard work of having to try and convince my employer to file for another job as a manager in the EB1 category. That is better than having to wait 15+ years in the current scenario.

    Approximately how long does the process take? I believe there is no PERM involved so it should be faster at least relatively speaking?
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Define what you mean by "porting." If you are talking about moving to a new employer without having to file a new PERM/I-140, that's not possible for you at this time.
     
  16. rohitnar

    rohitnar New Member

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    ok, thanks I think I get that now. But assuming company has another job in a managerial position open, I can apply for GC in EB1 Manager right? This will be separate from my EB3 application and no porting is involved.
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you qualify, yes you can. The EB3 petition is totally separate.
     
  18. rohitnar

    rohitnar New Member

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    Hi Don and Ron:

    I have a question on Concurrent Filing of I-140 Petition and I-485 Application in the EB1C category. In order to save on costs
    can I file the I-485 Application myself after the I-140 Petition has been filed by the company attorney under EB1C category?

    I read some where that one may self file the 1-485 application if they have the reciept number of the 1-140. Is that true?
    If so how long will it be classified concurrent? Can I file the I-485 Application myself , say 1-2 months after the 1-140
    has been filed under EB1C and still be classified under the concurrent filing? Or is it that I can file for 1-485 myself as long as the 1-140 is pending
    and the category is current?

    Let me know please.

    Thanks
     
  19. agulv

    agulv Guru

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    Incase if someone has a i140 approved in EB2 and he/she take a job overseas in a managerial role in diff job function such as sales and marketing in same company and come back to US after few years working for same company, can he/she still use the original i140? There is also a possibility to file in EB1c if position in US is managerial upon return.
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, your understanding is correct. You may self-file.
     

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