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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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          • #20
            Hey everyone, I need some suggestions regarding my plans:
            1. Currently in H1B with I140 approved under EB2 with PD Nov 2014.
            2. My employer is a US based company and operating since 25 years and also have a branch in India established 5 years ago. I’m making a plan to move to India and work for the same employer as a Manager and be eligible to apply as a multi national manager after working for 1 year with responsibilities that includes hiring,firing,salary reviews etc.,. My employer have no issues in providing all the documentations.

            given this scenario, following are the questions:
            1. What are the chances of getting rejected or denied?
            2. Since my EB2 PD is 2014 will I be current when I apply for EB1c?
            3. is this still a good plan? I think it is give the wait for EB2 is insane.
            4. What are the documentation needed when applying for EB1c?

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            • #21
              Hey everyone, I need some suggestions regarding my plans:
              1. Currently in H1B with I140 approved under EB2 with PD Nov 2014.
              2. My employer is a US based company and operating since 25 years and also have a branch in India established 5 years ago. I’m making a plan to move to India and work for the same employer as a Manager and be eligible to apply as a multi national manager after working for 1 year with responsibilities that includes hiring,firing,salary reviews etc.,. My employer have no issues in providing all the documentations.

              given this scenario, following are the questions:
              1. What are the chances of getting rejected or denied? This should be fine as long as you provide valid information to attorney and they prepare the case documents properly.
              2. Since my EB2 PD is 2014 will I be current when I apply for EB1c? In order to have a clean case, you should file I-140 from scratch. EB1C is not current but the fastest among all categories.
              3. is this still a good plan? I think it is give the wait for EB2 is insane. Makes sense but you might know by now that PD for EB2 and EB3 has progressed a lot since last 2-3 months.
              4. What are the documentation needed when applying for EB1c? Multi-National Manager position is covered under EB1C. you should get this documentation very easily from your attorney. If you still need answers on specific questions, feel free to ask.

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              • #22
                Have a query regarding EB1C filing criteria. I am currently in India and i have been in a Managerial role since Sep 2018 in my Company and got an L1A Visa in Nov 2019. I am planning to permanently transfer within my company to US. Of my last 2.5 years in Managerial capacity, 2 years have been in India and 0.5 years spread across multiple short term deployments to US within my company. So in last 2.5 years, even though i have been outside US for 2 years, its never been continuous 12 months outside US. Will this impact my eligibility for EB1C filing if i move to US now ?

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