L1A to EB1 after 2 years passed in USA

[vig]

Hi

 

I have been manager since 2010 in my current company in India. In Jan 2014, I came to USA on L1A.

 

I understand I should apply for EB1 before I complete my 2 years in USA (1 year offshore out of 3 years rule), but somehow if I am not able to file for GC in EB1 in 2015, will I still be eligible for EB1 in coming years?

 

thanks

VIG

[jairichi]

Can be filed anytime as long as you qualify.

[vig]

Thanks Jairichi.

 

In many forum everybody has quoted following "must meet" criteria for EB1 as Multinational manager or executive, which is :

 

"You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer."

 

Which made me confused that if my company gets convinced to file EB1 after I being 4 or 5 years in USA, I would not meet above criteria hence will not qualify for EB1.

 

But from you I understand that the above rule of 1 in 3 years is not a show stopper for EB1,

 

Please confirm if my understanding is correct?

[vig]

So it is not necessary to be in managerial role at least for 1 year outside USA out of preceding 3 years from the date of petition ?.

 

I got worried as every one says if you do not qualify for following rule of 1 out 3, then you will not be eligible for EB1

 

"You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer."

 

Can you please re-confirm, as my company has approved for EB2 but I am in negotiation with them for EB1. I was worried that I do not have much time to negotiate as after December 2015, I will be out of "1 out 3 years rule"?