Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Sign in to follow this  
Attorney_23

EB1(a) Extraordinary Ability Petitions

Recommended Posts

This week, Murthy Law Firm attorneys will answer questions regarding the EB1(a) category, which is reserved for persons of "extraordinary ability."

 

Rules for Topic of the Week Threads:

 

1. Attorney's postings contain general information only and are not a substitute for case- specific legal advice.

 

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

4. Please do not provide information which would identify any specific company, university or individual.

Share this post


Link to post

I am a Director at a global company managing teams which are situated in various countries. I also build products and wrote a white paper on the product that was built. Is there anyway I can change my current EB2 employer based green card application to EB1 based on the seniority of the role, managing global employees and the products being developed through my direction

Share this post


Link to post

My friend is entrepreneur and took his company (single handed) from o to 150K in annual revenue. He handled all parts of business by him self and has great customer base. Would this qualify him under "extraordinary ability"

Share this post


Link to post

I am a Director at a global company managing teams which are situated in various countries. I also build products and wrote a white paper on the product that was built. Is there anyway I can change my current EB2 employer based green card application to EB1 based on the seniority of the role, managing global employees and the products being developed through my direction

 

This is unlikely to qualify for EB1(a). But, I suspect you are actually referring to EB1© (which is for multinational managers/executives.) If you worked abroad for a related company as a manager or executive for at least 1 year, it is possible you may qualify. You can review the basic criteria for EB1© here:

 

Multinational Executives & Managers

Share this post


Link to post

My friend is entrepreneur and took his company (single handed) from o to 150K in annual revenue. He handled all parts of business by him self and has great customer base. Would this qualify him under "extraordinary ability"

 

Building a company that now has a $150k revenue would not, in and of itself, be sufficient to qualify for EB1(a). I do not mean to diminish his accomplishments - this certainly is impressive. But, it would be very hard to argue that having $150k in annual revenues makes the person "extraordinary" compared to other successful entrepreneurs. (I am not sure what country his business is located, but in the U.S., that would be considered a relatively small business.)

 

I recommend you review the general criteria for EB1(a) here:

 

Self-Petitioned, Employment-Based Options

Share this post


Link to post

A few years back, I was the beneficiary of approved I-140 petition in the EB1(a) category. However, due to personal reasons, I was not able to make use of the approved petition to immigrate to the US. The US consulate in the country I reside returned my file to the INS after one year. Is there a way to revive a visa application if I wish to immigrate now? If not, is there a way to file a fresh I-140 application using the approved I-140 application as a basis?

Share this post


Link to post

A few years back, I was the beneficiary of approved I-140 petition in the EB1(a) category. However, due to personal reasons, I was not able to make use of the approved petition to immigrate to the US. The US consulate in the country I reside returned my file to the INS after one year. Is there a way to revive a visa application if I wish to immigrate now? If not, is there a way to file a fresh I-140 application using the approved I-140 application as a basis?

 

It is very likely that the petition is no longer valid. You could schedule a consult for an attorney to review and confirm that it cannot be used; but, you probably would need to file a new petition.

Share this post


Link to post

I am working for the current company/employer for the last 7 years (from 2009). From 2009 - 2012 I worked in India and from 2012 I am working in USA on various manager and architecture position. My employer applied for EB2 and I have got my I140 approved a few months back. Can you please help me answer the below

 

1. Is there a way I can change to EB1 with my manager experience globally (or) should i continue with EB2?

2. What happens if I change my employer now?

3. If another employer is willing to process EB1 - is it wise to switch?

Share this post


Link to post

I am working for the current company/employer for the last 7 years (from 2009). From 2009 - 2012 I worked in India and from 2012 I am working in USA on various manager and architecture position. My employer applied for EB2 and I have got my I140 approved a few months back. Can you please help me answer the below

 

1. Is there a way I can change to EB1 with my manager experience globally (or) should i continue with EB2?

2. What happens if I change my employer now?

3. If another employer is willing to process EB1 - is it wise to switch?

An EB1C (managerial/executive) petition requires the Beneficiary to have worked for the sponsoring employer or affiliated organization abroad for at least one year in a managerial/executive position. If this applies to your situation, it may be best to schedule a time to speak to one of our attorneys for a more in depth analysis.  

Share this post


Link to post
Guest
This topic is now closed to further replies.
Sign in to follow this  
×