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EB1-C Multinational Manager

Discussion in 'National Interest Waiver and EB1' started by rolls, Aug 29, 2010.

  1. rolls

    rolls New Member

    Hello Forum,

    The Story So Far:
    After 2.5 years of working in India, I was transferred from India to US in 2006 under L1-B visa as a Research Scientist for a large MNC company. I was moved to the US with the intent to take over management of a multi-national team spread across the world. During my 2+ year tenure in India I had helped to start operations in two countries and led multiple projects, even though i did not have any direct reports at that time. Currently, i'm still a worldwide manager with direct reports in at least 3 countries leading operations (that directly impact revenues of at least $120+Mn) and now i'm considering to apply for EB1-C multinational manager.

    1) I came on L1-B and then now am on H1-B (starting this year) and I have I-140 approved under EB-3 PERM with PD 2008; does this affect my chances for EB1-C? (I should've ideally done L1-A, but i wasn't aware of this option at that time). I've seen that most people do L1-A and then apply for EB1-C.

    2) I read the EB1-C criteria and it says that even if you don't have direct reports, as long as you're a "functional manager" for a total of 1 year it should be ok; Does anyone have experience on this? I've started operations, visited one country outside of India started operations there, i was involved in hiring multiple people during this time frame, most of who are MS or at least a BE; does such experience count as functional?

    3) What kind of documentation is required for functional manager? What do i really need to prove?

    4) Does the fact that my initial PERM was filed for a Research Scientist role and not that of a manger impact my EB1-C? Is there any relation between these two petitions?

    Thank You
  2. niwseek

    niwseek Registered Users (C)

    Hi Rolls

    An Interesting case, first I have to tell that i am not a lawyer. Your case is complex and may require a very good attorney. In my opinion I see following weaknesses.

    1. Coming here on L1-B and applying under EB-3. To me this implies that your case is not that strong (or you'd have come with L1A and then apply at least on EB2.

    2. I am not sure about going from H1b to EB1C I thought its L1A to EB1C. Just check may be its possible.

    On the other hand since you have an approved EB3 on 2008 and you are just starting on H1B, your priority day might become current before your H1b expire(try to run the statistics). So why bother for EB1(Just curious)
  3. rolls

    rolls New Member

    You're right, my case became complex primarily due to my ignorance about the immigration process in this country. I got my H1B approved in 2007 in lottery, however i didn't convert my status until this year from L1B to H1B as i needed to stay in L1B. So my lawyers used my I-140 to extend my H1B for 3 years starting this year, so i'm already on the 'edge' of H1B (FYI..the duration for L1B is also counted for your H1B tenure). I need EB1 as EB3 is ridiculously behind (2001) and i think i deserve something better :)

    Anyone else want to take a stab at my case? :)

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