EB1 GC simple question

[Tiya]

I am working in US for company X . I am currently on H1B.

I am going to Europe to work for 1 year as an executive on behalf of company X. Company X is a US based company.

My questions :

• Can Company X file my GC in EB1 category after 1 year ?
  
• Do I have to come to US and then my company can file for my GC in EB1 ?
  

OR

• Can my company file GC (after my 1 year stay in Europe) , if my company decides to extend my stay in Europe for more than a year ?
  

[rahul412]

Your job req should match EB1 req's. Working from Europe, Africa doesn't change the criteria.

[t75]

If your company is interested in filing for you, their attorney will advise them of the requriements

[Tiya]

It is not a abuse to EB1. I am a higly qualified person from *** then studied in USA from the top university then worked as a manager here and now company X wants me to go and work in Europe.

So do not try to judge someone just because you feel everone here is trying to abuse the system.

Anyways, letz assume my company X is ready to file in EB1 after I come back from Europe after 2yrs of stay.

Then in this case :

Can my company X file my GC in EB1 if I am in Europe still (after 1 year stay in europe)?

[Attorney_25]

EB1(C ): "Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive."

[Tiya]

EB1(C ): "Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive."

Ok. So I am an alien.

I am working as an executive.

I started working with this firm from July 2010. I am going to Europe on June 2013 and I will be back in USA around June 2015.

All this with the same company.

Then can my employer is eligible to apply for GC in EB1 category for me in July 2014(provided I meet all other criteria) while I am working from Europe ?

[cap-gap]

OP: being in an executive post, would you not rather consult an attorney experienced in handling Eb1 cases than seeking free advice?

[Tiya]

I definitely would consult an attorney but right now my main focus is not on GC. I am busy with lot of other stuff. I am not going to Europe because I want GC in EB1. I am going because my employer wants me to go and I am asking this question just as an information.

[Tiya]

Total 9 replies but no one is clearly answering my simple question :(

Let me repeat my Q:

I am working as an executive.

I started working with this US based firm from July 2010. I am going to Europe on June 2013 to work with the same organisation people there and I will be back in USA around June 2015.

All this with the same company.

Then is my employer eligible to apply for GC in EB1 category for me in July 2014(provided I meet all other criteria) while I am working from Europe ?

[pontevecchio]

@tiya,

Please discuss the matter with the firm of Murthy or any of your choice.

[pontevecchio]

FYI, the answer is YES.

[Tiya]

thanks