EB-1 Eligibility


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Hi,

My employer has initiated my Green Card and last week I have submitted paperwork to the lawyer for review under EB-1 category multinational manager/executive.

I have been in US on L1-B from Jun-2008 till present except that I traveled to India in Jun-2009 and Feb-2010 for 3-4 weeks each. Prior to that I worked in India for same employer for more than 1 year.

Now to qualify for EB-1 there is a criteria that says that you should have worked for same company outside US for 1 year in last 3 years preceding admission to US. Under this criteria which date USCIS will use to determine my last admission date. Will they go by Jun-2008 or Jun-2009 or Feb-2010 ?

And what's the impact if I travel to India for a vacation in April-2012 for 3-4 weeks ? Will Attorney as well as USCIS look at it from Apr-2012 and determine if I worked outside US for same employer or not ? In that case then I will not be eligible for EB-1... right ? In that case should I try to get my I-140 filed before I travel to India in Apr this year ?

Also, is there any harm in travelling outside US when your I-140 is applied and in process ?

What should I do in my case for AOS / I-485 filing ... I mean file concurrently or no ?

Plz advice... I know too many questions but I am really new to all this and want to understand what is right thing to do here...

Appreciate your replies in advance.

Thanks

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