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Am I eligible for green card under EB1 ?

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  • Am I eligible for green card under EB1 ?

    All,
    Below are details about me. Please help me understand if I am eligible for green card under EB1 category
    - I am working for company C from last 5 years.
    - first 2 years I was in India and from Last 3 years I am in US (on H1B, same employer)
    - In India I was a technical lead and was having 6 resources under me. They reported to me for the project we were working on.
    - When In US, for first 1 year the team in India was reporting to me but the team got dissolved after that.
    - As of now no one reports to me. and I am working as an individual contributor.

    Do I qualify to file green card under EB1 ? If no, why ? What can I do to ensure I qualify ?

    Thank you so much.

  • #2
    No. Get an MNC manager/executive job, the kind that gets you an L-1A visa

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    • #3
      Originally posted by aryan.007 View Post
      All,
      Below are details about me. Please help me understand if I am eligible for green card under EB1 category
      - I am working for company C from last 5 years.
      - first 2 years I was in India and from Last 3 years I am in US (on H1B, same employer)
      - In India I was a technical lead and was having 6 resources under me. They reported to me for the project we were working on.
      - When In US, for first 1 year the team in India was reporting to me but the team got dissolved after that.
      - As of now no one reports to me. and I am working as an individual contributor.

      Do I qualify to file green card under EB1 ? If no, why ? What can I do to ensure I qualify ?

      Thank you so much.
      EB1C clearly states that the beneficiary needs to be a manager who mostly does strategic decision making, not merely a supervisor. With the current backlog for EB1, especially from India, there have been reports of additional scrutiny. Hence, I would say you do not qualify for EB1C. To be able to qualify you should be categorized as a manager in your org structure in the first place. And a clear distinction has to be made that you are a manager not merely a supervisor.
      Just an opinion; Not legal advice.

      Comment


      • #4
        Thanks

        Thank you so much for your inputs. I think I have to go for EB2 and wait for 12-13 years to get GC. Or my company promotes me to a managerial position now so that I can atleast try for EB1C.

        Does a rejected EB1C affects EB2? (If I try for EB1 and it's gets rejected and then I try for EB2 as last resort)

        Comment


        • #5
          Originally posted by aryan.007 View Post
          Thank you so much for your inputs. I think I have to go for EB2 and wait for 12-13 years to get GC. Or my company promotes me to a managerial position now so that I can atleast try for EB1C.

          Does a rejected EB1C affects EB2? (If I try for EB1 and it's gets rejected and then I try for EB2 as last resort)
          Every case is adjudicated on its own merits. So a denied case does not effect any subsequent petitions, unless the denial was for fraud.
          Just an opinion; Not legal advice.

          Comment

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