EB-1 Multinational Manager

Eb1c - Urgent Help Needed.

Thank you so much for your reply....

Let me explain the situation further...

I am from India and my company has offices both in US and India. I came to US under L1 visa as a intera company transfer from India to US office. My Green Card case has been filed under EB1C category as Multinational Manager and my role in the organization is that of Product Manager, managing development activities in India and marketing/ sales activities in US.

Now there are some changes taking place in the company and it seems that I will have to move from the company head office in San Jose, California US due to cost cutting needs.

There are two options that I have..
(1) Move to another state where my company doesn't have an office and assist in Sales operations alongwith performing my normal tasks.. In this case I would stay on payrol of US branch although my state tax would cut from a different state than where our main office is... Please note that in this state there is no office of our company and I would working from home and building the sales potential..
(2) Move to India (Calcutta) where our Indian head office is located and development team is residing and manage the team there. In doing so, I will be an employee of Indian office and my payroll would be coming from India, rather than US.

According to my lawyer, option (2) is better as under the type of L1 visa that I have and my specific GC catagory i.e. EB1c there is a provision to work at different locations as a multinational manager. According to lawyer, if this is a temporary move and i can explain that this for certain business needs that I had to move to India, than this has no issues.

I am not sure if that is the right decision or not? I want to chose an option which doesn't effects my GC case. Can someone please help me with this unique situation?

Thank you so much for all your help on this....
 
Last edited by a moderator:
Thank you so much for your reply....

Let me explain the situation further...

I am from India and my company has offices both in US and India. I came to US under L1 visa as a intera company transfer from India to US office. My Green Card case has been filed under EB1C category as Multinational Manager and my role in the organization is that of Product Manager, managing development activities in India and marketing/ sales activities in US.

Now there are some changes taking place in the company and it seems that I will have to move from the company head office in San Jose, California US due to cost cutting needs.

There are two options that I have..
(1) Move to another state where my company doesn't have an office and assist in Sales operations alongwith performing my normal tasks.. In this case I would stay on payrol of US branch although my state tax would cut from a different state than where our main office is... Please note that in this state there is no office of our company and I would working from home and building the sales potential..
(2) Move to India (Calcutta) where our Indian head office is located and development team is residing and manage the team there. In doing so, I will be an employee of Indian office and my payroll would be coming from India, rather than US.

According to my lawyer, option (2) is better as under the type of L1 visa that I have and my specific GC catagory i.e. EB1c there is a provision to work at different locations as a multinational manager. According to lawyer, if this is a temporary move and i can explain that this for certain business needs that I had to move to India, than this has no issues.

I am not sure if that is the right decision or not? I want to chose an option which doesn't effects my GC case. Can someone please help me with this unique situation?

Thank you so much for all your help on this....

In my openion... I do not see any impact to your GC process in both the options. If you are not in US during I-485 filing, you will have to opt for CP
 
I have a question regarding EB1. I have been working on

Blanket L1 from 2002 to 2005.

L1-A from 2005 to 2007 (till date)

Prior to 2002 I have worked as a manager in India in the same company. My question is will I be eligible to apply under EB1-C. Any input would be greatly appreciated.

Thanks in Advance.
 
I have a question regarding EB1. I have been working on

Blanket L1 from 2002 to 2005.

L1-A from 2005 to 2007 (till date)

Prior to 2002 I have worked as a manager in India in the same company. My question is will I be eligible to apply under EB1-C. Any input would be greatly appreciated.

Thanks in Advance.
I think the rule is that you should have worked for 1 year in your India office before you moved to US. I am not sure if that one year should be in the previous 3 years or so. They will also ask you to provide org charts in India and US and make a case that you moved to a similar role in US.
 
Job description for AC21

All,
My case details are in my signature.
I am trying to use AC21, but do not have the job description from my 140.
I cannot get any help from my company lawyer.
Any suggestions on how I should deal with this situation?
 
I think the rule is that you should have worked for 1 year in your India office before you moved to US. I am not sure if that one year should be in the previous 3 years or so. They will also ask you to provide org charts in India and US and make a case that you moved to a similar role in US.

Thanks for your immediate reply. I have over 10 years of experience in the same company and I worked as Project Manager in India for over a year. I did move here to USA on a similar role.

I will try to get more information about the 3 year limit. Can I try for PERM processing ? Is there any advantage of PERM over EB1 ? Thanks once again.
 
Last edited by a moderator:
L1 and Blanket L1

I am in US on a L1 visa since Sep 2006 and the company used the Blanket L1. Am I eligible for EB 1 category?

Is there a difference between a blanket L1 and L1? I was told that I have a L1A. How do I verify this?
 
Any help with this query is really appreciated.

Thank you

I am in US on a L1 visa since Sep 2006 and the company used the Blanket L1. Am I eligible for EB 1 category?

Is there a difference between a blanket L1 and L1? I was told that I have a L1A. How do I verify this?
 
Am I eligible EB1-C (12 years 12 y engr & management exp in India, UK & US)

Hi gurus,


I worked on different positions in India, UK and US as Project Leader, Dy Manager, Design Manager , was leading a team of 50 engineers in India and now I am working as a Project Manager in US and leading a team 10 engineers on H1b.

My total exp is more than 12 years engineering and management exp which is relevant to my present employer.

Am I eligible for EB1? Is H1B candidate qualify for EB1-C?

Or should I file in EB2?

I would appreciate your reply.

Thanks
Kavya
 
All,

I got an email that CRIS has sent RFE for 140 application, but not received 140 RFE yet.

Any ideas on what a typical 140 RFE contains?

Thanks
JustGreen
===============
EB1-C
NSC - 140/485/765 filed together
Notice Date : 18Jan07
Receipt Date : 19Jan07
Finger Print Date : 27Feb07
EAD Approval Date : 30Mar07
AP (Advance Parole) : 11May07
140 RFE : 14Aug07
 
Eb-1c Questions

Hi

I am working as a Manager for a multinational company @ Canada office since last 18 months. Our company head office is at New York, USA and I am actually working on USA projects from Canada. I can get transfered to USA any time if I want.

Another thing - though I am Manager, I don't manage people. I am a functional manager.

My question is, can I get I-140 filed under EB-1(c) while living in canada and then move to USA after the approval of I-140 or do I need to get transfered to usa office first (under L1 or H1) and then file I-140 while in USA.

Our immigration lawyer wants me to be in USA first to file for I-140 under EB-1(c) for which I am not ready. I want to stay in Canada until end of 2008 and get the canadian citizenship and then move to USA on L1. Though if we file for EB-1 now, it gets approved by the time I am ready to move to USA so taht my wait time will be only for I-485.


Thanks
 
L1A and Advantage of Filing EB1 - COFUSED?

Hi,

I'm currently in L1A visa with 10 years of IT management experience and my employer agreed to file for GC under EB1 Managerial category.

My questions before I commit for processing:

1. There is no Labor process. This will save 3-6 months overall time.Correct?
2. As per my employer, EB1 queue is faster and this will get GC will get approved in 9-12 months. Is this correct?


I'm worried as I'm new to EB1 category and I don't want to get disappoint after going through this EB1 process.

PL advise.

thanks
venky
 
Hi,

I'm currently in L1A visa with 10 years of IT management experience and my employer agreed to file for GC under EB1 Managerial category.

My questions before I commit for processing:

1. There is no Labor process. This will save 3-6 months overall time.Correct?
2. As per my employer, EB1 queue is faster and this will get GC will get approved in 9-12 months. Is this correct?


I'm worried as I'm new to EB1 category and I don't want to get disappoint after going through this EB1 process.

PL advise.

thanks
venky

Hi Venky,

I am in the same boat, :) my EB1-C is getting filed hopefully within a month. Having researched EB1 for last 2 yrs, (was hoping that someday my company will file for my GC in EB1), I can confirm that the information you are received is correct. In a average case you will get your physical card within 9-12 months of filing for 140/485.

I would say add couple of months for you and your attorney to get all the necessary documents together before you can file.

Best of Luck.

- Gemini462
 
EB1(c)/Multinational Manager, is there any educational requirment or only the employer shold fullfill all the requirments & candidate should be working on a managerial profile since last 5 yrs.
 
can any one reply please update that, is there any educational requirement also in EB1C multinational manager catagory
 
Sherawat,

There are no educational requirements for EB1C. For your and other's benefit I am posting a summary of the requirements for EB1-c.

1. If the worker is now employed outside the US, that he/she has been employed outside the US for at least 1 year in the past 3 years in an executive or managerial capacity by the petitioner or by its parent, branch, subsidiary or affiliate; or, if the worker is already employed in the US, that he/she was employed outside the US for at least 1 year in the 3 years preceding admission as a nonimmigrant in an executive or managerial capacity by the petitioner or by its parent, branch, subsidiary or affiliate.

2. The employee may already be in the US in a non-immigrant visa status such as the L-1A visa or one of the E visa classifications.

3. The prospective employer in the US is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien as employed abroad.

4. The prospective US employer has been doing business for at least 1 year.

5. The alien is to be employed in the US in a managerial or executive capacity. A description of the duties to be performed should be included.

Hope this helps,

- Gemini
---------------------------
Note: I am NOT a lawyer. All of the information provided is based on my personal knowledge and understanding. It is better to check with a lawyer, if you have any questions.
 
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