Please advice - Big dilemma

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hellogc_2006

Registered Users (C)
Friends:
I am in a bad situation because of my immigration issues. USCIS already rejected my LC Sub I140 recently and they are in the process of revoking (attorney not yet replied yet) my approved I140 (which has my own LC) and because of that I loose my AOS. Now, they applied my H1 8th year extension (for 1 year) in PP and once that is approved, they will reply on my intent of revoking letter for I140. Both I140s are in EB2. My education is 3 years Diploma+AMIETE+MS (Bits Pilani)

Ok, now they are planning to apply PERM in EB3 and start the whole process again. I applied my original LC in 2001.

There was another option that they say is - asking me to go to some other country (preferably India) for 1 year in managerial position and come back in L1 and apply in EB1 international managerial or executive category. My manager is ready for that and she is very keen to go with that since she doesn't want to loose me. I have been with the current company for 7 years.
I work for a very big software company in Bay area and they can get me here after 1 year in blanket L1 visa.

Could some one suggest/advice me what are the other options that I could have or what could be the issues with current plan that my manager proposed with EB1? What are the risks? Can I continue extend my H1 even though I won't be here in US based on my pending EB3 labor/I140?

I appreciate different point of view to consider making any decision.

Thank!! you very much in advance
 
Agree with greynicolls

EB1 gives you quickest shot at all this. You will be stuck in EB3 /EB2 for years.

Check that you would be qualified for EB1 after only 1 yearyear at a Managerial position outside U.S. I vaguely remember it was 3 years outside U.S as a managerial position but check up the rules at USCIS site.

greynicolls said:
EB1 Sounds good to me
Click to expand...
 
Thanks! greynicolls and bigbang2001 for your quick postings. Here is what I see in my attorney's website for EB13. I believe, I need 1 year of outside managerial experience out of 3 years and should continue to be manager here too.

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Information for Multinational Managers or Executives


Managers or executives of multinational companies are eligible for permanent residence. The E13 Multinational Manager category applies to intracompany transferees who, within the three years preceding initial entry into the United States, were employed outside of the U.S. continuously for at least one year in a managerial or executive capacity, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial or executive capacity. The multinational manager petition requires clear documentation of the qualifying relationship of ownership and control between the U.S. and foreign office. Managerial and executive candidates typically enter the U.S. in L-1A or E-2 status, then apply for their green cards in the E13 Multinational Manager category.

Two types of managers are recognized by the USCIS: those who directly manage people and those who manage an essential function. Managers who manage people have direct reports who are professional grade employees - their direct reports are either degreed professionals or are managers themselves. Managers of an essential function must be at a senior level with respect to the function managed, must have substantial discretionary, day-to-day authority over the function managed, and must be primarily engaged in fulfilling management duties. Managers must demonstrate their management level qualifications for their positions in the United States and with the qualifying organization abroad. Project Managers may qualify in this category by meeting the criteria for managing an essential function.
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But I am more concerned about the risks staying outside and coming back (not with company policies issues, but immigration issues)

Thanks! for the replies again..
 
It will be very difficult to make an EB1 case or even an L1 case for you considering your education background. This is more so, if your MS from Bits Pilani is obtained through distance education, which is not considered as being at par with the on campus MS.

Also, you need to provide solid proof of your managerial responsibilities. Also, you should continue to work in a managerial capacity in the US with the ability to hire and fire at will. In addition to this, your salary should be significantly higher and your company needs to demonstrate ability to pay (which does not seem to be an issue in your case).

I don't mean to discourage you, but based on what you have posted, I think the best bet for you is EB3.

Good luck in either case !!!
 
Thanks! techie8.

OK, but the attorney says, education doesn't come into the picture at all for L1 and EB1C. But I am taking everything from my attorney with pinch of salt. Current salary or ability to pay are not issues in my case as of now. I am already doing all managerial tasks though my designation is technical (for GC purpose) and few people report to me too.

Most of my friends got GCs in EB2 with AMIETE or with Diploma too. But it all depends on luck and I believe in luck more now.

But leaving US and coming back is some thing that I am not that comfortable to do, but not yet decided yet. I have another month to wait since the decision on my case yet to be made anyway.

Thanks! for your comments again..
 
I am assuming that you are a Team lead/Module lead etc on a project with some developers reporting into you. Unfortunately, this does not suffice for EB1 purposes. You should be a manager, who is at a fairly senior level with wide latitude in decision making. You should also have the authority to hire anyone or fire anyone along with the ability to promote or demote anyone.

Again, I don't mean to sound pessimistic, but if it were easy to qualify for EB1C, most people would have filed in that category rather than wait years and years for their GCs.

In any case, this is just a layman's opinion. You might also want to consult with an independent attorney, who can give you a realistic assessment of your chances with EB1C.

Good luck.
 
Most of the managers in Desi IT companies such as Wipro, Satyam etc are doing GC process for their account managers using L1. Worth trying. Other alternative is even worse.
 
do you mind telling why are they revoking approved I-140 , if you are still working for same coampany?? what is the main reason??
 
The reason was same for both denied and intent of revoking I140s - my masters is not equal to US masters though the # of course are same. First LC has MS+2 years and second one has MS+3 years or equivalent (BS + 5 years progressive experience). Second one is my original LC filed in 2001. My attorney was saying that since they didn't use BS or 'equivalent' for second LC, they are going to reject it and they are not going to consider my associate degree is equal to BS too. So, attorney has 'very high' hope that it get rejected. Hence they are filing EB3 PERM now and we are thinking about avenues. But everything comes down to whether immigration drives my life or my life drives immigration :)

I didn't decide on this yet, but have to do by december.

Thanks!
 
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