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Saurabh Jain

EB1 eligibility 1 yr rule

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Can you clarify how does EB1 eligibility rule of 1 yr in last 3 yr apply. I have been in US since  2011. In 2018 I had to go to India for 4 months as my H1 amendment was rejected and I had to go to India to file amendment for another client. Now my company is trying to convert my EB2 GC application to EB1.

Should USCIS consider my 2011 entry date to check my 1 yr eligibility or should they consider my 2018 entry date for 1 yr eligibility. I won't qualify for EB1 if they consider 2018 date as I will have only 4 months in 3 yrs from that date but if they consider 2011 date then I will qualify.

Thanks for your response.


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