This is actually for one of my friends.He is on H1B right now with a company X.
He is also a founder of another company Y.
application is declined because his school where he did his MS does not have accreditation now.His thoughts are below. He wants to see if his thoughts are valid and doable.
(1) Get out of ownership of company Y, i.e. relinquish ownership of company Y.
(2) Transfer his H1B from X to Y. So at least he will start working for company Y as H1B worked though he will no longer part of ownership.
(3) Then re-file for I-140 either of :
(a) with 5+ years of experience worked INSTEAD OF MS degree.
(b) EB-1 [ABC] category. THIS IS WHERE MOST OF THIS QUESTION LIES. Please see below.Are there any possibilities to file under EB-1[ABC] categories?
What kind of actions a candidate can do ( if not already done) and prepare a file strong enough to file under EB-1. In his opinion EB-1 is the only option to get I-140 approved, so he can re-join to Company Y ownership.
He is aware some of his distant friends got I-140 approved in one of the EB-1 classes though they are no better than him, for example EB-1C as managerial role. If he gets his H1B approved under Company -Y he can hold top management role before applying for I-140 if that is even any possible legal way to apply under EB-1C.Any thoughts please?