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Expert James
Expert James, Immigration Attorney
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Dear Sir, I came to US after working for a multinational

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Dear Sir,

I came to US after working for a multinational company (Say X) in India as a manager for 2.5 years. Now I am getting a good offer from company (Say Y) to join them as a manager but employer Y did not file my green card.

If return back to employer X , am I legally eligible for a green card in EB1 from employer X , considering I have worked with employer X in two different countries as a Manager in last 3 years. ( I understand the fitment of work is required but am I legally eligible is what I am asking)

Employer X : 2 Yrs in India
Employer X : Six months in USA
Employer Y : 1 Year in USA
Employer X : Six months in USA
Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

When were you last employed by the company in India?
Customer: replied 3 years ago.

Hi , I am giving the detailed timelines.


 


India : Jan 2010 to Oct 2011 (Employer X)


 


USA : Oct 2011 to March 2012 (Employer X)


 


USA : March 2012 to Oct 2013 ( Employer Y)


 


Now If I join Employer X agaian , am I eligible for a green card ? I have got the offer letter from Employer X again.

"Indian Professional,"

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.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

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If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Customer: replied 3 years ago.


Thank you.


 


Both employer X and employer Y are multinationals who are doing Business in USA for several years.


 


So contrary to the general understanding that EB1 - C Multinational Manager can be filed by only in case of transferring employees from one country to another , it can still be filed for employees who meet the crietria specified by you.


 


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.


 


The interpretation of the last line confuses me. I came to USA from employer X and now filing for employer X. But then there is a gap in employment with Employer X.


 


Do you mind explaining me the line I have underlined.


 


Otherwise I am satisfied with your answer. Thank you.


 

In all cases where a person is seeking to be sponsored for an employment-based green card, it is for a future job offer, not necessarily a current offer or employer. So the gap is not a problem.

Moreover, "Seeking to enter the US to continue service" to that company is a term of art. Anytime a person is applying for adjustment of status (in the US) or an immigrant visa (if abroad), the person is "seeking to enter the US" on whatever basis.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
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