Thanks for the information. I understand what you are asking, but when I do not have all of the information, it is difficult to make a good assessment. Please be patient with me, as I want to provide you with Excellent service and a thorough response.
As you likely already know, the EB-1 category for multinational executives and managers requires that you 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.
As far as evidence is concerned, your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.
So assuming you file in October 2013, you must have been employed by the foreign company in India for at least 1 year since October 2010. It seems you have accomplished this.
So if the company in the US that is related to the company in India has been doing business in the US for at least 1 year, which it appears it has, then the company is eligible to petition for you, and you are eligible for the EB-1 category.
So to make a long story short, you appear to be eligible for EB-1, based on the information you've provided.
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