Can a company file for GC in EB1-C while the beneficiary is on H4-EAD?

abhipal

New Member
My spouse recently moved to US on H4 and will be receiving H4 EAD soon. Prior to her move, she was employed as a senior manager in a textile manufacturing start-up in India. The company is growing well and wants to expand their business in US. They want my spouse to start a branch of their company in US while she is on H4 EAD. She will be employed as the Director - US operations.

If the business in US grows, hires more employees and remains in operation after a year, can the same company then file for her GC in EB1C after a year, as she had worked for the same employer for atleast a year on a managerial role before she entered US ? Are there any specific restrictions / requirements?
 
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