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EB1 One Year Outside US Rule: clarification

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  • EB1 One Year Outside US Rule: clarification

    EB1C multinational manager rule says person has to work for 1 year outside US in a managerial role with the petitioner company, during 3 years preceding filing of petition.

    1. I was outside US for more than 6 months twice during last 2 years. Does this total 1 year count? The rule doesn't disqualify aggregating time periods outside US.

    2. I earned salary on H1B in US all this time even while outside US with the same company doing a senior role. I hope that still counts as employment outside US. The company has multiple locations globally and qualifies on all other counts.

    If the above is fine, then the company can file EB1C or are there any other caveats?
    Responses will be highly appreciated.

  • #2
    EB1 One Year Outside US Rule: clarification

    Originally posted by newbie123 View Post
    EB1C multinational manager rule says person has to work for 1 year outside US in a managerial role with the petitioner company, during 3 years preceding filing of petition.

    1. I was outside US for more than 6 months twice during last 2 years. Does this total 1 year count? The rule doesn't disqualify aggregating time periods outside US.

    2. I earned salary on H1B in US all this time even while outside US with the same company doing a senior role. I hope that still counts as employment outside US. The company has multiple locations globally and qualifies on all other counts.

    If the above is fine, then the company can file EB1C or are there any other caveats?
    Responses will be highly appreciated.
    Please advise

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