Possibility of EB1 through former employer

[vensud]

I am looking for some information and advice on the possibility of EB1 processing through a former employer.

 

I was with Company A in India for 1 year 7 months and then moved to US on L1A (this was in 2008). Since company A did not sponsor GC for me even though I was eligible for EB1, I moved out of company A to company B after I got company B to sponsor my H1B (in 2012).

 

Now I have been Company B for 1 year now. My GC was also filed earlier this year in EB2. It is in PERM stage for the past 5 months.

 

Company A recently changed policy and are allowing EB1 filing for their employees again. My question is am I still eligible for EB1 through company A?

I am being told that Company A can file EB1 for me based on India and US experience. I don't need to join them right now as GC applications are always for a future employment position. Is that correct? Would it be necessary for me to transfer my H1B to company A, join them and then try the EB1 route?

 

If this works, then this will be great news indeed as EB1 is current and EB2 has retrogressed to 2004.

 

Anyone has had this experience? 

 

Thanks for your time.

[catx]

Per the USCIS web site for EB-1C "Multinational manager or executive" ...

 

You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

 

Since you moved from the job in India to the U.S. in 2008 you do not qualify because you were not employed with the company outside the U.S. during the past 3 year period.  Also, you have to be continuing to work for the same employer in the U.S.

[vensud]

Thank you catx

 

couple of things - actually the "3 years preceding the petition" rule applies to the window preceding the move to the US - i.e. prior to 2008 in this case - that 3-year window is not considered from today. That way people can apply for EB1C even in their 7th year of L1A and still qualify for it.

Also, I did enter US thru that employer's petition after working for their subsidiary in India.

So, there's no question that I qualify for company A if I were still employed there.

 

Question is whether I can still qualify even if I have left that employment.

[vensud]

Anyone else has seen such a situation?

[MBATechGrad]

Hi Vensud,

Did it work for you? I am also in the similar boat and I am told it's doable.

Details -

I was in India From 2011 to July 2013 and moved to US afterwards on L1-B. As they didn't file GC that time, I changed the employer B and  currently on H1B since Feb 2014. 

I am being told that they are now OK for GC filling. EB1 will work for me considering I have spent 1+ year outside country in past 3 years.

 

Please let me know.

 

A    

[MBATechGrad]

Hi All,

request clarification from experts on this forum?