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Edward Young
Edward Young,
Category: Immigration Law
Satisfied Customers: 722
Experience:  Principal Attorney at The Law Offices of Edward D. Young, III
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I am a senior manager in US on H1B from last 4 years

Customer Question

I am a senior manager in US on H1B from last 4 years (2014-2018). I was manager in the same company in India (2011-2013) before coming to USA in 2014. I want my company to file Green Card under EB1-C. I was going through the eligibility and i think i am elgible except for one which i want to clarify here. The requirement for EB1-C says that one should be manager in his own country for 1 year in recent 3 years at the time of filing of Green Card application. I just want to confirm it is “recent 3 years at filing time” or it is 3 years before I landed in USA. Please clarify and let me know if i satisfy this condition for EB1-C ?
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Edward Young replied 8 months ago.

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a few minutes to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Expert:  Edward Young replied 8 months ago.

The requirement for the EB-1(C) is that the applicant must have been a manager in his own country for one year in the 3 years prior to filing,

I hope this helps. Please go ahead and rate me. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

Customer: replied 8 months ago.
Pls can you tell me if i am eligible or not for EB1 C for this condition based on my data provided earlier. I am not asking to evaluate my case just asking whether i satisfy this particular condition or not. Thanks
Expert:  Edward Young replied 8 months ago.

No, you do not meet the requirement since you have not been a manager in your country for a year in the preceding 3 years.

Please go ahead and rate me. I get no credit for my work for you unless you do.

If you have any follow-up or clarification questions, please ask! There is no additional fee.

Customer: replied 8 months ago.
Hi,I found below information on internet while searching on google. As per below i am eligible under point no. 2. Please can you confirm if your information is correct and below one is incorrect?ThanksEligibility Requirements
For an EB-1C visa, a U.S. employer must demonstrate that:1 If the EB-1C candidate has been employed outside the U.S., she/he has worked for at least one of the three years as an executive or manager for the employer, its parent company, subsidiary, or affiliate.
2 If the EB-1C candidate is already working in the U.S., she/he was employed outside the U.S. and has worked for at least one of the three years before transferring to the U.S. as an executive or manager for the employer, its parent company, subsidiary, or affiliate.
3 The prospective U.S. employer is the same subsidiary or affiliate of the firm or corporation that employed the candidate abroad.
4 The prospective U.S. employer has been doing business for at least one year.
5 The candidate is to be employed in the U.S. in an executive or manager.
Expert:  Edward Young replied 8 months ago.

This quote is from the following USCIS webpage under the row for Multinational manager or executive:

https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

You must 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. [Emphasis added.]

This is what the government website says. What website are you quoting?

Customer: replied 8 months ago.
I found this here
https://www.alcornlaw.us/eb-1c-green-card-multinational-managers-executives/?gclid=CjwKCAiA24PVBRBvEiwAyBxf-a8MdeT5sJ7bCmDw9o9dgjgNCrbR5aCL2pFZHyhC-RPKceLaxw7wmxoCS_kQAvD_BwE
Expert:  Edward Young replied 8 months ago.

I found the same language on another website as well but I cannot yet find it in a USCIS website. Please give me some time to research this further.

Customer: replied 8 months ago.
Okay sure. Thanks
Expert:  Edward Young replied 8 months ago.

I have found nothing on USCIS websites that support what the author of the blog says about being able to work outside the US as an executive or manager for the employer, its parent company, subsidiary, or affiliate for at least one of the three years before entering the US as an executive manager. The language says that you must have been an executive manager for a least one of the three years in the 3 years preceding the petition.

I even asked the person who wrote the blog that you read and no one has responded yet.

I will continue to look for support for what happens if the applicant worked outside the US as an executive manager for at least a year but wants to apply for the EB-1(C) more than 3 years after transferring to the US company.

In the meantime, please go ahead and rate me. I get no credit for my work for you until you.