H1b (EB2) to EB-1C - Going back to India

pbolu

New Member
I am on H1b since Oct 2008 with approved I140 with priority date of May 2014. I have a masters degree from a top school in the US.

I am primarily a developer / tech-leadish role in the US looking to move into management.

I am currently employed with my company for 4 years. My Boss (who moved to India for good) is checking we with me to move to India for to setup(hire) , bringup and manage the team. In fact he wants me to move permanently there and take over things.

I am considering the move, if I can apply for EB1C after being in India for a year. Of course I will let the boss know of my complete plan regarding this and that the move to India will be a temporary one.

My wife works in the US (Masters degree holder) on H4-EAD. Her company is applying for her H1 this Apr 2019 and my understanding is her H1 will be valid starting Oct 2019.

We are not looking for my wife to move, just me as I plan to come back to the US.


I have the folowing questions and would be glad if you can provide answers:
1. Currently I am on US-payroll and a tech-leadish title. For the 1 year as executive-managerial role, can i stay as is or should I get on the India-payroll and a managerial title?
2. If I can stay on H1 itself and accumulate the 1 year time, will that affect my wife's ability to work in the US.
I do not want to wait until Oct 2019 when my wife's H1 becomes active for me to move to India. I want to move in Feb 2019.
3. Given the current scenario where EB1's priority date is Dec 2016, Can I port my EB2 priority date (May 2014) to the EB1 later on? For this to happen, what should I keep in mind? Are there any issues here.
4. My current H1B expires in Nov 2020. If I start my managerial tenure in India from Feb 2019, then I will be eligible to apply for EB1C Feb 2020. Should I come to the US in March 2020 on a L1A visa or should I come in using my H1B visa and transfer it to L1A visa?
On the other hand, If I start my managerial tenure in Oct 2019, I will be EB1C eligible in Oct 2020. Should I extend my H1B while I am in India. The Extension would require me to submit paystubs and I would have only Indian paystubs depending on answer to 1.

Overall, I seek your help to for guiding me in the best path possible with my scenario. Appreciate in advance.
 
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