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US Green Card EB1 Category - International Manager

San Francisco, CA |

For Organization A
H1B Petition filed, approved and stamped in 2007.
Manager in India for more than 1 year before traveling to US
Travel to US in 2008 for 6 months as a Manager on H1B
Travel back to US from 2009 to Dec 2011 as a Manager on H1B

For Organization B
Change to organization B in US in Dec 2011 playing the role of a Manager through H1B transfer

Question
What if I join back organization A in US through H1B transfer, will I be eligible for EB1 category for Green Card processing if organization A files it.
Organization A and B are not connected but are in the same business service line

Attorney Answers 3


  1. Best answer

    EB-1 eligibility depends on work in a managerial or executive capacity outside of the US for at least one year in the three years preceding your entry into the US in a nonimmigrant status. That nonimmigrant status does not have to be L-1 status. It appears that you meet the essential requirements, but success will depend on the exact circumstances of your employment, including the nature of your managerial duties. A question in my mind, and probably that of the immigration examiner as well, is whether there is a good faith intention by you and Organization A for you to work for Organization A indefinitely in a managerial capacity. This question is raised by the fact that you are not working for Organization A now. It might be a good idea to work in that role for some time before filing the EB-1 petition, to address that potential concern. You and the employer should seek more targeted counsel from an immigration attorney, and not rely on the cusory conclusions in this forum.

    This is only a preliminary response to an inquiry, based on incomplete information. Helpful advice and counsel can only be provided after you have discussed your case with Mr. Bach, he is familiar with all of the circumstances of your case, and the advice is provided in writing. Any opinion provided here should not be relied upon for any purpose. No attorney/client relationship is formed until you have formally retained our law firm to represent you. We are not responsible for any action or lack of action you take based on this preliminary response.


  2. You need to talk to the immigration attorney working with organization A ... there might be a chance for EB1. But, it is confusing as to why they didn't bring you in on L-1A instead of H-1B.

    Maybe their lawyer can explain ... he/she should have access to a file that we don't have access to.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. I agree with Mr. Capriotti. More information is needed. The choice of visas seems a bit unusual for us, without further information, but there may be a reasonable explanation. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.

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