Am I eligible for EB1


oravijay

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Good Day!!

I am currently on H1B visa and my 6 years of stay in US will get completed 15th April 2012. My employer is planning to file my GC under EB1 category. Please find my details below:

  • I have a bachelors degree
  • I have been working with the same employer for 10+ years
  • I have worked with the same employer in India for 5 years and have been performing responsibilities of a manager while no one has officically reported to me through my employer's internal tools used for management.
  • I am currently based in US with the same employer where in my team members are reporting to me officially also.
  • In my H1B petition, my role has been specified as a Database Administrator

Could you please let me know whether I am eligible for filing GC under EB1 category?

Please let me know if you need more information.

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It might be tough, but I am sure your employer must have hired a good attorney. If you are been filed as a multi-national manager, there are lots of things that needs to be documented and proved for USCIS to see that you are/were really a multi-national company manager/transfer. Did you hold a L1A visa earlier?

All the best!

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They cannot file EB1 under multi national manager category for you , assuming you have been in the US for the past 3 years.

For you to be eligible in EB 1 MNC category, you need to have worked abroad in a related organization of your US company for atleast 1 Continuous year in the immediate past 3 years.

From your details, looks like all the immediate prvious 3 years you have been in the US.

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