Applying for GC under EB1 while on H1B

[pathusa]

I worked in the USA for 4 years and have my I140 approved. Then I got an opportunity outside the USA as a Manager. I moved out of USA. After 6 months, my current company got a project for which they wanted someone senior. As I had not completed a year they transferred my H1 and I got the stamping done. The project got canceled and I stayed outside the USA for a year as a manager.

Now a new project is starting and since I already have H1B, my company is sending me to the USA on the same H1b visa. So my question is if I have stayed outside the USA for a year as a manager and now coming back to the USA as a manager but on H1B, can my company port my GC to an EB1 category?

[inadmissible]

EB-1A is for corporate managers, not for project managers

[pathusa]

EB-1A is for corporate managers, not for project managers

I am an executive manager. I manage a whole specialised development practice. I am responsible for hiring, firing, appraisals, future resource planning, etc...

I have a passion for development and hence I also work in a project as a tech lead/architect.

Now when I am go to USA I will be on project but I will continue working as a practice manager and help build our team in USA.

[scientist2016]

I am an executive manager. I manage a whole specialised development practice. I am responsible for hiring, firing, appraisals, future resource planning, etc...

I have a passion for development and hence I also work in a project as a tech lead/architect.

Now when I am go to USA I will be on project but I will continue working as a practice manager and help build our team in USA.

Then you need to make a case in your petition that your duties are managerial in nature, and you spend a significant portion of time on them. They should not be dominated either by development kind of activities (your passion does not matter as far as the rules go) or regular day to day supervisory activities.

[pathusa]

Then you need to make a case in your petition that your duties are managerial in nature, and you spend a significant portion of time on them. They should not be dominated either by development kind of activities (your passion does not matter as far as the rules go) or regular day to day supervisory activities.

Are you suggesting a possibility is there to port to EB1 while still in H1B?