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Currently on I-140 approved under EB2. Job as Business Systems Analyst. Due to my prior experience can my case be filed in EB1?

Cincinnati, OH |

H1B valid until early 2014. Have 5 yrs managerial experience leading a team in India. Quit job and completed MS Marketing in the US, changed career from Marketing to IT and work as Analyst . Wonder 1. Can I pursue marketing related career options !! in a managerial role due to my education and work background with US based firms in marketing specialty pharmaceutical products 2. Can my case be moved under EB1 with current or future employer ? Looking for an advise. Thanks in advance for your time.

Like to express my appreciation and sincere thanks to all those who responded and advised me. Looks like there is a need for additional information on my last position held. I worked as a Business Unit Manager leading a national team and responsible for strategy, operations, performance including profit and loss of the unit for 6 yrs. However, currently in the USA work as contractor and an individual contributor. Therefore the question can my case be filed under EB1 ? I am considering moving from my employer to a full time position. Thanks again for your time.

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Attorney answers 3


It is a very broad question. EB-1 category is for aliens of extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives. Each requires separate qualifying criteria. I would recommend working with an experienced immigration attorney to carefully evaluate your situation.


I agree with my colleague.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


Nothing in your posting indicates that an EB1 is possible.

You really need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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