My legal status is F1 visa, from India, came to USA on F-1 visa in 2015 January.I finished my Masters in computer science and currently on STEM OPT. Current Status:- OPT-EAD- F-1 visa.GOT OPT STEM EXTENSION- valid until March-2020Finished MS in Computer Science Started Business- October-2017- Opened Papa John’s Frenchisee in New York- created and maintained 12-14 jobs since 2017 and Executing Since last November. I have 4 years of Mangerial and Executive level experience before coming to USA. I was managing director for my own construction company before coming to USA on F-1 visa. I was thinking to apply L-1-A visa on the bases of frenchisee restaurant opened in USA but I was not fit into that criteria because of minimum 1 years of experience within 3 years of duration as Now I am in USA since 5 years.I have Executive level experience of almost 2 year for my own Papa John’s frenchisee .I am not directly involved in the operation, just executing the operations passively, because by law I cannot work on STEM OPT unless it’s related to my program.My question is, if I go back to my country for 1 year to fulfill 1 year managerial experience requirements, can I apply EB-1C after 1 year.
No. This plan will never work. Sorry.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
A person may go back to a country for 1 full year of managerial employment in a qualifying organization to fulfill 1 year managerial experience requirements and be transferred to a related US qualifying organization and apply EB-1C after 1 year.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
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