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EB1 filing from USA

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  • EB1 filing from USA

    Hi,

    I have some doubts with regards to EB1. Say and employer agrees to file an EB1 petition for me. Is it required for me to go out of country for 1 year mandatorily before filing the petition and re-enter US. Kindly help.

  • #2
    Originally posted by testingsauce View Post
    Hi,

    I have some doubts with regards to EB1. Say and employer agrees to file an EB1 petition for me. Is it required for me to go out of country for 1 year mandatorily before filing the petition and re-enter US. Kindly help.
    It depends. For your employer to file EB1 for you, you need to prove that you have managerial experience with the same company outside US for atleast 1 year. If you worked for same company outside US for 1 year or more in managerial capacity or if you already have L1A from the same company then you don't need to go out of US. Your company can file EB1 for you.
    If not then you need to go out of US and work for a year in managerial capacity, then come to US on L1A and start working as Manager then your company can apply EB1 for you . It is important that you play manager role both outside and in US as you need to show proof of having team reporting to you, doing appraisals for team, approving leaves etc...
    Hope that helps!

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