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Here’s the situation. A person was working outside of US in…

Here’s the situation. A person...
Here’s the situation. A person was working outside of US in a managerial capacity for 2.5 years, came to US on L2 to accompany his spouse in jun 2014. Got EAD and started working for the same company from Dec 2014 however this time more of individual contributor and not as a Manager. His status is changing to H1 in Oct 2018 along with a promotion to managerial role. Now the question is whether this person is eligible for applying GC under EB1C after getting promotion since played managerial role outside of US. If yes, please explain with USCIS references.
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Answered in 16 minutes by:
3/23/2018
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,885
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

The law for EB1C requires that the person worked abroad in an executive or managerial position at least 1 year in the 3 years preceding the filing of the petition.

From what you indicate it was nearly 4 years ago that they worked for the company in a managerial position abroad.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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This is an adopted precedent decision which follows similar facts as you set forth because the employment was interrupted working in a non executive or managerial position.

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Customer reply replied 3 months ago
Thanks for your detailed response. If the person in L2 have continued in Managerial capacity, then he should have been eligible for EB1C, correct? Also, in the situation I explained the person has worked for same company in both abroad and in U.S. In attached PM, I see that situation is different where the beneficiary had worked outside of the company for more than 2 years.

If the person had continued to work under the L2 for the same employer as that abroad then they would be eligible for the EB1C. The issue here is that the break in continuing management level employment for the US company broke the continuity.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,885
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Customer reply replied 3 months ago
Thanks Judith.. this is really helpful.. I am good for now.
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