485 denials for Manager and IT lead positions?

[vikas485]

Q1) Does USCIS deny green card processing cases during I485 phase with reasons saying the Manager and Lead positions are specialty occupations? 

Q2) Should that happen at the PERM level itself?

Q3) Does I485 processing needs to prove it is a specialty position and candidate profile?

[JoeF]

"Specialty occupation" is a term used for the H1.

There are several different employment-based categories for a Green card. The person has to fit in the category the I-140 indicates. There is a category for multinational executives or managers.

[vikas485]

18 hours ago, vikas485 said:

Q1) Does USCIS deny green card processing cases during I485 phase with reasons saying the Manager and Lead positions are specialty occupations? 

Q2) Should that happen at the PERM level itself?

Q3) Does I485 processing needs to prove it is a specialty position and candidate profile?

 

16 hours ago, JoeF said:

"Specialty occupation" is a term used for the H1.

There are several different employment-based categories for a Green card. The person has to fit in the category the I-140 indicates. There is a category for multinational executives or managers.

Thank you for your inputs.

Q4) So does these 'multinational executives or managers' need the beneficiary to have some number of subordinates reporting at junior level? 

[JoeF]

The rules for that can be complex. The employer should consult an immigration lawyer.

[vinodhts]

As for as I know no rejection after  140 approval. I have friends filed in EB1C and once they cross I 140 everything is easy. In fact they were in support team as dev or architect , But if you are able to show good documentation then you are good. As of today getting H1 extn is more difficult .

[satya2k1]

On 11/25/2017 at 5:39 PM, vinodhts said:

As for as I know no rejection after  140 approval. I have friends filed in EB1C and once they cross I 140 everything is easy. In fact they were in support team as dev or architect , But if you are able to show good documentation then you are good. As of today getting H1 extn is more difficult .

Yes, abuse of EB1C by many IT professionals, and employers.