EB1C category: elgible or not for my scenario


Srivinayak

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Hi,

 

I was working for a reputed firm (say Company A) in India in a Manager role with 20+ direct reports for about 2.5 years from early 2012 till late 2014.

I left this company and joined another company as a Manager in India for about 8 months.

Then I moved to US this year on H1B and I am currently working as a contractor through one of the consulting firms.

 

Now Company A that I was working as a Manager in India till late 2014, has approached me with a managerial role in US. Since per EB1C category eligibility criteria, it requires an individual to:

"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"

 

1) Do I qualify for EB1C category if I decide to join Company C. my only reason for joining company C now will be if I qualify for applying for GC in EB1C category since I have worked outside of US in preceding last 3 years and now will be back with same employer as a Manager.

 

2) if I do qualify, how soon should the company A apply for GC assuming I join them in Jan 2016 since the rules state that " I have to be employed outside of US in the 3 years preceding to the petition".

 

Thank you for your reply.

Best Regards

Srivinayak

 

 

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