How to upgrade from EB2 to EB1

[koteshk]

Hi Folks,

I am in US on H1B which is valid till Sep, 2022. Last year my employer applied for GC in EB2 category. Due to personal issues, am planning to return to India branch in near future and will stay in India for at least 2 years. I have plans to return to US once things settled there . Could you please help out on following questions.

1. Since I have the intentions to return to US, do I need to ask my employer to renew the H1B immediately after Sep,2022? or can I ask to renew just before my travel to US?

2. During my stay in India, will move to Manager role, can I upgrade my Eb2 to Eb1 after returning to US?

3. Can I leave my bank accounts, 401K and stock options open as Is in US for 2 years?



Any help would be appreciated.Thanks in advance.

[rkk09]

Hi,
Please see my response below.
1. Since I have the intentions to return to US, do I need to ask my employer to renew the H1B immediately after Sep,2022? or can I ask to renew just before my travel to US?
Answer: If you have H1B validity and have visa then you can travel to USA during visa approval.. Beyond Sep 2022, your Employer can file H1B Ext anytime but it will be approved with only consular processing.

2. During my stay in India, will move to Manager role, can I upgrade my Eb2 to Eb1 after returning to US?
Answer: Yes.. But if you file under EB 1 C, you must have worked in a managerial or executive capacity for one full year in the three years. This work must have been done at the company's offshore branch.
Thanks

[koteshk]

rkk09 thanks for your response. I have a follow up question, Am I ineligible for H1B extension with dropbox, if I apply within 24months of my visa expiry?

[rkk09]

Hi,
While filing H1B Ext petition, if you are abroad then petition can be filed under consular processing.. If you meet all the requirements for Interview waiver, then you will be eligible for drop box.. But, most of the time, they may ask for In-Person interview after you submit the documents under Interview waiver program.
Thanks