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tutun.lama

EB1 Manager applying from India while on H1b to complete 365 day requirement

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I worked in the Indian subsidiary as a Manager (Vice President) for 13 months before moving to parent company in USA on H1b, again as a Manager (Vice President). However, during the 13 months I had visited the US on work, due to which the total days working in India before starting on H1b falls short of 365 by 28 days.

 

I am now on H1b in the USA, and I visited the Indian subsidiary and worked there for weeks at a time (much more than 28 days).

 

I would now like to apply for I-140 under EB1 Manager category.

 

Someone suggested that since I wasn't in India for 365 days before getting my H1b I cannot apply from the USA. However, they suggested that if I apply during a visit to the Indian subsidiary, the total days in India till now is counted and not just the days before starting on H1b. The rule for one year of work in Indian subsidiary as manager within last 3 years is then satisfied.

 

I would like to know whether this is a valid suggestion, and it is worth taking the effort to apply under EB1.

Thanking you in anticipation.

 

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Thanks. Actually the "someone" who suggested is an immigration lawyer, but she confessed that she hasn't handled this situation before and it is her interpretation of the rule. I am hoping someone has first hand experience and can confirm/disconfirm before I spend the large amount of $ required.

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Thanks. Actually the "someone" who suggested is an immigration lawyer, but she confessed that she hasn't handled this situation before and it is her interpretation of the rule. I am hoping someone has first hand experience and can confirm/disconfirm before I spend the large amount of $ required.

Ppl on this forum aren't lawyers, so you need to find a good lawyer for help. Use google search to find a good lawyer.

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Vice president..MNC..EB1..stll can't afford a competent lawyer? An initial consultation with a competent lawyer (you are on their website now) is just under $200..

 

anyhoo..the rule in question is about employment tenure, not physical presence (unless if the visit was not on B1/B2)....a Vice president in USA should be able to understand legal definitions and contracts..for EB1C you can find it on USCIS website..

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Just letting folks know the answer to my original question. I just got I140 approval notice from USCIS, so period of employment is what matters, and not days of stay in foreign country. I hope this information will help others in my situation.

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