Question on eligibility on EB1 green card filing.

[water4ever]

Right now working in Company-A in US from past 7 years ( 3 years as Sr. Manager). H1B expiring on 12/2015 and I-140 in approved state (waiting for EB2 India to be current). Before coming to US, I worked in India for 2 years.

Company-B, now giving an offer to join in US and then move to their China office as Director for a year (will have US reportees while in China and china team as well), Once I come back to US (after a year), my team in CN and US will still report to me. So if I join Company-B in US and then move to China, what are my options after a year:

1. Can I come back to US on the H1-B (if company-B transfers the H1b Visa before I leave to China - as I will be hired here in US before being sent to CN), or I will need to come on L1-A?

2. How easy would be to get L1-A visa for an Indian in China - if H1b is not an option.

3. With in that one year can I travel to US on B1 Visa ?

3. Once I come back to US (H1-B or L1-A) - will I be eligible for EB1? What all issues can happen in EB1 ?

Please suggest!

[t75]

You need to have a discussion with B's attorney to determine you options for your specific situation. Your job may or may not qualify for L1A

[catx]

You may qualify to come back to the U.S. on a H-1B visa and then pursue permanent residency (green card) under the EB-C "multinational executive or manager " employment category. This should be negotiated with the employer and their immigration attorney.

[Attorney_25]

All of these things are possible, but should be strategized with a qualified immigration attorney based on the particular facts of your case.