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Possibility Of Changing Eb2 To Eb1

Discussion in 'I-140 petitions' started by psam, Aug 7, 2014.

Is it Possible to move to EB1

Poll closed Sep 6, 2014.
  1. Yes

    1 vote(s)
    100.0%
  2. No

    0 vote(s)
    0.0%
  1. psam

    psam New Member

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    Hello, after long time I got into the right place. Have questions around moving from Eb2 to Eb1

    - Currently on H1B - waiting for I-140 approval

    Question: About International Manager
    Came on H1B with Employer A as a consultant for Client. Currently with Employer B who started by Green card process. Worked with Employer A 1 year at Offshore and 1.5 yrs at onshore as Manager (role and not designation).

    - If I joined Client company (as manager again where I worked for 1year at offshore and 1.5 yrs at onshore) would then be able to process my Green Card in EB1 category after joining again after 2years?
    - if my current company sends me at any offshore location for 1 year, would they be able to process my Green Card in EB1
    - Would there be any issues in moving my case to EB1 because I already started process on EB2?
    - If my employer is not processing my Green Card in correct category even after fitting in specific category, are there any options outside my company where I can start that process

    Please let me know, thanks in advance
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You can't use experience gained with another company to qualify for EB1c. If you go back to your original employer, you might be able to qualify. In the alternative, if your present employer sends you abroad for a year to work as a manager or executive, you could qualify with that company.
     
  3. psam

    psam New Member

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    Thanks a lot, if current employer decides to send me to offshore, do I need to be on L1A while coming back?
    Also do I need to get transfer from US Employer to India Employer (as 2 different companies)?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No you don't need to come back as an L1A, though you can if you wish. You might want to consider having the company file an EB1c I-140 for you as soon as you have been abroad for one year so that you can come back with a green card.
     
  5. Lakshman

    Lakshman New Member

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    Hello Ron, I am working for an American Company for the last 6 years, my Company has applied for GC on EB2 Category and my I140 was approved. Now, I am promoted to IT Manager role last year, please let me know if I am Eligible for EB1 C category.

    Thanks
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Only if you worked for the company as an executive or manager for a year abroad before coming here.
     

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