GC in EB1 Category for CTO Job with New Company

[Rosyee]

Hello Experts,

As always I am here again to seek some expert advise in this valuable forum.

Here is my situation:

1. I have B.E. degree from India and have more than 9.5 years of experience in IT field - 3 years in India and 6+ years in USA.
2. Currently I am working as Manager on H-1B and my current employer (A) has filed my GC in EB3 category and my priority date is 11/07/2007. So It will be long wait till I get my GC in EB3 category.
3. One of my very close friend (who already has GC) has started a small business IT company(B) in 2010 and doing really good. He wants me to join his company as CTO.
4. Company B has not filed for any H-1B or GC application previously so it doesn't have any experience that how the immigration processes works.
5. My friend is checking with his company's attorney that what options we have to do it right but I wanted to check in this forum also as I find it very accurate.

Questions:

1. Can I join company (B) as CTO even though I have BE and 9.5 years of experience OR there are any other specific requirements to file GC in EB1 apart from CIO/CTO job title?
2. If company B files GC in EB1 Category then can it affect my GC process with company A?
3. On what stage of GC of EB1 category I can leave company A and join company B?
4. Any idea how long it takes to get GC in EB1 category?

Any response would be really appreciated.

Thanks in advance
Rosyee

[Rosyee]

Not Eligible

Hello All,

I just wanted to update that what I found - I am not eligible for EB1C as I don't fulfill the basic requirement for EB1C which is, you have to work at least 1 year in the same company outside of USA with same job profile. I think my only option is EB2C.

Thanks.

[nicoeppersma]

I just wanted to update that what I found - I am not eligible for EB1C as I don't fulfill the basic requirement for EB1C which is, you have to work at least 1 year in the same company outside of USA with same job profile. I think my only option is EB2C.

Depending on your country of birth, if your category is oversubscribed (i.e., you were born in India or China-mainland), you could consider moving outside of the U.S. in your CTO role for one year. You will then be eligible to return to the U.S. based on the L-1A category and could have your greencard approved within 6 months after that as the EB1 category is current for all countries.