Conversion of EB2 to EB1 on H1B with PERM approved


Navsod

Recommended Posts

I have been working for Employer A in US for 6 years (07/2010-07/2016), switched from L1B to H1B visa (10/2012) and have used 4 yrs on H1B (leaving 2 yrs). Company A started the GC process in EB2 and as I reached max physical stay of 6 yrs, I moved back to India in 07/2016. I am still with Company A and will complete a year in India at a managerial position. My GC process has reached PERM filing and as planned it should be approved in 02/2018. I have the below questions regarding some scenarios:

#1: Do I need to be in US in order for my employer to file I-140 in 03/2018?

#1a. If not, after I 140 is approved, can I apply for H1B extensions (out of cap) to travel to US or would I need to apply for a fresh H1B visa or L1A ?

#2. If my employer decides to file I-140 in 03/2018 in EB2 only, can my GC be converted to EB1 later as I will complete 1 year in India with same employer at managerial position, considering I have H1B visa ? 

#3. Would I need to work in US again for 1 year at a managerial position to be able to convert to EB1 or just the 1 year in India should suffice?

#4. Currently, as planned, if PERM is approved for EB2 in 02/2108, can the employer file for I-140 under EB1 instead, with me still working in India or would I need to be in US?

#5. If the I-140 is approved and I travel on my current H1B petition extension, will that stop me from moving to EB1 in future?

Link to comment

Archived

This topic is now archived and is closed to further replies.