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EB1C India green card discussion 2019/2020

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  • #16
    1. I am H1B with I-140 filed on EB1C category. Date of filing date for I-485 filing is still far for me.
    2. My question is more on my green card:

    A. What if I change my employer? Would that affect my EB1C category?
    B. Once I file I-485, how much time would it for me get my EAD card? (not as per standards but in real time in present times)
    C. Once I file I-485 and get my EAD card, can I change my employer then without affecting my Green card processing?
    D. Where would advance parole come in picture in this case?

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    • #17
      I hope you are doing well and are safe. Appreciate if you could help with some pointers on following: I arrived in India in mid-march for my visa stamping dropbox. However, on the day of landing, I found that my appointment is canceled. As Trump has suspended visas till the end of 2020, I was wondering if I will be able to use this duration to become eligible for EB1 porting. I currently have an approved i140 in EB2 category. Till now I am on the US payroll. Do I need to be on Indian payroll to be eligible for Eb1c porting? What kind of evidences will be needed to build my case? Do I need to be transferred to my company's Indian branch or just being outside the US will do? Thanks in advance.

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      • #18
        Originally posted by somebody_usa View Post
        I hope you are doing well and are safe. Appreciate if you could help with some pointers on following: I arrived in India in mid-march for my visa stamping dropbox. However, on the day of landing, I found that my appointment is canceled. As Trump has suspended visas till the end of 2020, I was wondering if I will be able to use this duration to become eligible for EB1 porting. I currently have an approved i140 in EB2 category. Till now I am on the US payroll. Do I need to be on Indian payroll to be eligible for Eb1c porting? What kind of evidences will be needed to build my case? Do I need to be transferred to my company's Indian branch or just being outside the US will do? Thanks in advance.
        (1) I am guessing you are asking about EB1C. For that yes you need to be a transferee from the Indian subsidiary.
        (2) You need to show that you are a manager and not just some one who supervises (and hires/fires) people.
        (3) See 1 above. You need to be a manager being transferred by your company from its International subsidiary to the US one.
        Just an opinion; Not legal advice.

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        • #19
          Correct EB1C means that you have worked in US subsidiary company outside US for at least one year with managerial experience who contributes to the revenue of the business group, got hire/fire rights, got reportees whom he directs work etc. it’s pretty tricky. So check all required details with Attorney and they can guide you better

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