EB-1 International Manager GC application based on EB-2 PERM/I-140's H-1B extension

[Andy_1976]

Hello everyone,

I have been employed in US as a project/program manager for the last 6 years on H-1B visa. I have another 12 years of experience outside US. Out of this around 7 years have been in managerial capacity.

My 6 year H-1 expires in November '12. My current employer with whom I have been employed for the last 3 years initiated my PERM application last month and it doesn't look like I have enough time left on my visa before I can get the 7th year extension based on the PERM followed by I-140 approval.

With less than a month and half left on my visa, my employer has offered me a similar position in the UK. The expectation is to wait till the PERM/I-140 plays out and return to US after H-1 extension application (7th year) can be made based on approved I-140, which will be approved and stamped and resume my current role. While I am outside US, I'll still be remotely managing most of my projects and teams.

Now, instead of returning to US immediately after I get my extension approved, if I stay put in the UK for more than 365 years, I'll be fulfilling the expectations of an international manager. Will it be possible to make a new green card application in EB-1 category? At that time, I will be on my 7th year H-1 based on an existing EB-2 green card application, I am not sure if it makes me ineligible.

Thanks,

Andy