H1B (Non managerial) to GC on EB1 Managerial

[srangis]

Hi Friends, I have 13+ years experience in IT, and here is the scenario… I have been working for same company in all the below mentioned cases…

 

• I came to US on H1B (Quality Assurance Analyst) in 2007 Sept and left to India on 2008 April.
• I promoted to Project Manager in Oct 2009, and was playing project manager role.
• I came to US again in 2010 July on L1B (Quality Assurance Analyst) working at client location and managing my company team working at client location.
• My visa status changed in 2013 June from L1B to H1B (Quality Assurance Analyst Level II) and managing the same team.

 

Can my company file my Green Card on EB1 though my H1B was filed earlier as Quality Assurance Analyst II?

[jairichi]

I doubt that. Check with a good attorney.

[omshiv]

This is exactly whats going on...its called the ABUSE of EB1..stop this before all genuine candidates would get affected!!!!

[srangis]

Thanks Omshiv and Jairichi. Omshiv I did not get the point here, how did you decide it is ABUSE? I was not promoted recently for EB1, I was promoted in 2009 and I have been managing the team in both offshore and onsite too. Concern was "I was on manager role only 9 and 1/2 months before moving to onsite." Please answer following questions.

Is there a condition that person should have been on managerial role for at least 1 year outside USA before moving to onsite? Or person should have worked for same company at least one year on any role before moving to onsite. which one is correct?

Second question, is there a condition that his earlier VISAs should have not been filed other than manager role?