EB1 QUALIFICATION

[Vj6022]

Hi All,

 

I am currently on my H1b with Company A for 4 years. I have been offered to take over position as manager but same company A but at Mexico branch.

 

1) Can I travel every day to Mexico from US for a year with approved Mexico work visa?

2) Will I qualify for EB1 after 1 year if I come back to work at US branch as manager travelling every day for a year to Mexico?

 

Thanks,

Vj6022

 

[rohang]

your statement 1) contradicts with 2), you cant be coming back if you never leave. 

[Vj6022]

Thanks Rohang. I would technically be under Mexico payroll so I would lose H1b status right? If I lose h1b status that implies I should leave the country, if I am not wrong? 

 

So I would have to stay in Mexico for a year, will I be qualified for Eb1 if the move into US after a year?

 

Thanks,

Vj6022

[rohang]

Yes, you need to be staying outside USA for more than 1 year (without break in between).

[Vj6022]

Thanks Rohang.