Eb1 eligibility when you switch one more employer in that last 3 years

[chanti_eb1]

I have a question regarding GC filling under EB1 category in case you switched to other ‘employer’ in between(after coming to U.S) and coming back to the original employer with whom you worked in abroad as a ‘manager’. More details are below…

 
I have worked with company 'A' for around 9 years in India and worked as manager for around 4 years. 

 
Company 'A' transferred me to U.S (H1b visa) on Feb'2013 and I worked with them (Company A) till Oct'2013 and then resigned ‘ Company A’ and joined 'Company B' for some reasons.

 

Currently, I’m now working for ‘company B’ for the last 10 months (Nov’2013 to Aug'2014(till date). 
 

Now company 'A' asking me to come back and they are okay to do green card in ‘EB1 category’ if I'm eligible. So, Just wanted to know whether I'm eligible for Eb1 category as I have worked for ‘Company A’ as manager position in India but switched employer here and joining back to ‘Company A’ as manager again.

 

I have total of 11 years’ experience which includes 4 years management experience outside of U.S

I have gone through ‘USCIS website’ for the eligibility(see below), for me it looks like my case is eligible for Eb1c but looking for expert advice. Appreciate your suggestions on this to progress further.
 

As per ‘USCIS’…………

 

“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”

[omshiv]

run your credentials with an Attorney.

[rahul412]

 

Now company 'A' asking me to come back and they are okay to do green card in ‘EB1 category’ if I'm eligible. So, Just wanted to know whether I'm eligible for Eb1 category as I have worked for ‘Company A’ as manager position in India but switched employer here and joining back to ‘Company A’ as manager again.

 

I have total of 11 years’ experience which includes 4 years management experience outside of U.S

I have gone through ‘USCIS website’ for the eligibility(see below), for me it looks like my case is eligible for Eb1c but looking for expert advice. Appreciate your suggestions on this to progress further.

As per the rules, yes.

But that's a generic description for the eligibility, you need an attorney to make sure that you are eligible bcos not all managerial positions are eligible.

[chanti_eb1]

Thanks for the response. I have another query before checking with attorney on this.

 

I have a query whether I’m eligible for Eb1 filing on last 3 years category. I would like know whether I need to satisfy both of the below eligibility criteria or one will suffice. I understand that, Both the eligibility criteria will be met if Company A files petition by 04^th Feb’2015.( As 2 years will be completed by this date in U.S(First entry to U.S – 04^th Feb’14) and 1 year abroad prior to that). Company A can’t guarantee filing of petition by 04^th Feb’2104 so seeking experts opinion before moving to Company A. I would like to proceed incase company ‘A’ can file Eb1 using eligibility criteria 1.(1 year abroad preceding entry as nonimmigrant)

 

Eligibility Criteria:

 

1.    foreign beneficiary to qualify for immigration in the EB1c, if the foreign beneficiary was employed abroad with same organization for at least one year

in the three years immediately preceding entry as a nonimmigrant.

 

Or/and

 

2.    foreign beneficiary to qualify for immigration in the EB1c, if the foreign beneficiary was employed abroad with same organization for at least one year

in the three years immediately preceding the application.