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H1B/EB2 to EB1

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  • H1B/EB2 to EB1


    I am currently on H1B visa with priority date Oct 2015 EB2 category. I got a good offer from my company to move to Netherlands for 2 years as manager. It is long term assignment.
    During this 2-year period, I will pay taxes in both places as money is released by US entity. So, I am looking for some advice on how can I port my GC to EB1. I have below questions
    1. My H1B is stamped for next 3 years. As I will be coming to US 4-5 times a year for meeting, can I use H1B for short trips like 1 week? My employer wants to keep my H1B to maintain my status.
    2. can I utilize this opportunity to port my green card from EB2 to EB1 as i am a manager and will also be a manager in Amsterdam?
    3. Will coming on H1b for short trips in this 2-year period impact porting of green card to EB1?

    Thanks in advance for your time.

  • #2
    1. Yes. But once you leave the US, you do not have any "status", so I do not understand what "maintaining your status" is.
    2. Yes
    3. Your immigration status, visa status, etc., have no bearing on your GC processing.
    Just an opinion; Not legal advice.

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