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Will I qualify for a EB2 to EB1C transfer?

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  • Will I qualify for a EB2 to EB1C transfer?

    I am working in the USA on H1B visa with an approved I-140 (EB2 category). I am currently a manager for a team in the USA. My employer is sending me to Europe on a 1 year Expat assignment, as a Manager for a team of professionals. I will be working in Europe for the same company, but will be getting salary in USA/USD.
    Upon my return to USA, will I be eligible to transfer my GC petition from EB2 to EB1C category?

  • #2
    Originally posted by iamshreekrishna View Post
    I am working in the USA on H1B visa with an approved I-140 (EB2 category). I am currently a manager for a team in the USA. My employer is sending me to Europe on a 1 year Expat assignment, as a Manager for a team of professionals. I will be working in Europe for the same company, but will be getting salary in USA/USD.
    Upon my return to USA, will I be eligible to transfer my GC petition from EB2 to EB1C category?
    There is no transfer from EB2 to EB1. So, I am guessing your question is would you qualify for EB1C. That depends on your actual role. Simply managing a group of professional does not qualify for EB1C as laid out in the USCIS manual.
    Just an opinion; Not legal advice.

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    • #3
      Appreciate your response.
      Originally posted by scientist2016 View Post
      I am guessing your question is would you qualify for EB1C.
      --> Yes this was my intent.

      Originally posted by scientist2016 View Post
      That depends on your actual role.
      --> The role would be a supervisory role, to hire and expand a team. I would be responsible for the team budget, and the team's annual goals.

      The key point I am interested in is, if I am paid in USD but working in EU, and meet other requirements, would that qualify me for EB1C?

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      • #4
        Originally posted by iamshreekrishna View Post
        Appreciate your response.
        --> Yes this was my intent.

        --> The role would be a supervisory role, to hire and expand a team. I would be responsible for the team budget, and the team's annual goals.

        The key point I am interested in is, if I am paid in USD but working in EU, and meet other requirements, would that qualify me for EB1C?
        So is the European entity a subsidiary of US entity?
        Just an opinion; Not legal advice.

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        • #5
          Originally posted by scientist2016 View Post
          So is the European entity a subsidiary of US entity?
          Yes it is.

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          • #6
            Any update on if you qualified?

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