EB1C query

[HarryB]

Hello everyone,

Below is my situation. I worked for company A (Software services Company) from May 2020 to December 2021 in India in a Managerial role (had direct reports). End of December 2021, I quit company A and joined company B who filed for my H1b and moved to the US and have been working for them till present date (December 2023). Company B had previously filled in for my green card and also had my I 140 approved from them with a priority date of March 2019.


Now company A has offered me a job in a managerial role in the US and ready to file for my green card as well, so my question is, can company A file for my green card under EB1C category? As per my understanding I qualify as I have been in a Managerial role for company A and have worked for more than 1 year outside of the US ( in India) and also the employment has been in the last 3 preceding years.


Request if you could please guide and help me in this regard with your advice.


Appreciate all your help in advance.


Thanks,


HB

[Mertc]

Unfortunately! I don’t think you qualify. The preceding three years take eb1c filing date into account. For it to have been preceding the date you were admitted into the US you’d be required to have been admitted through the sponsorship of the employer filing your gc application. Since you came here through another company the USCIS would consider 3 years prior to the date of application. Since you quit that company at the end of 21 (exactly 2 years ago) they need to file within days for you to comply with 1 in 3 year requirement