FAQ: Time of stay and definition of a manager/executive employee for L-1A and EB-1C
I'm currently on H1B Visa with I140 Approved.
My Employer is sending to Canadian branch to work for 2 years.
I have 1 person reporting the work to me (Offshore India). I'm not designated as a Manager.
Upon return to US branch after 2 years completion in Canada. Does my application qualify for EB-1C category?
What conditions qualify for EB-1C category in my case that I'm missing (If Any)?
EB1-Eligibility
-----------------------------FROM Vikas18---------------------------
Hello Mr. Rajiv, Hope you are doing well. My question is regarding the EB-1 1 Year Outside USA Rule, as a Manager.
I am currently employed by an MNC in USA on H1-B Visa, as a Manager. Our headquarters is in Europe. There are 15+ contractors and couple of full time employees reporting to me. If, I spend 1 year outside of US (not continuously), say 5 months every year, as a manager, will I be eligible to file my Green Card in Eb-1 category after I complete 1 year outside US as a manager, still employed by same company. Assuming I meet all other EB-1 requirements of Multi National Manager.
Thanks
VL
---------------------------------------From nirmalkumarp--------------------
Hello Rajiv Sir,
I am on L1 A Visa in US since 2018 and am completing my 2 years stay in US in May 2020. I am in discussion with my organization requesting them to apply for my GC since I have been working in the same organization in INDIA in Managerial Position for last 12 years. Some one told me that we cannot apply GC if we cross 2 years in US in L1 A since we need to show 1 Yr International Manegerial Experience in the 3 Years which is "One in Three rule".
Please let me know if that is the case and if I need to push my organization to apply for my GC before May 2020 so that I can show the INDIA mangerial experience for 1yr to qualify for the EB1C category.
or
Is it fine if the Organization take sometime to apply which might be beyond 2 Yr on L1 A in US would that also qualify for EB1 C
Regards
Nirmal