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H1B to EB-1

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  • H1B to EB-1

    Hi,

    I moved to US last year on H1B visa after being employed for 13 months by the subsidiary company in India. I was working as a Senior Manager there and moved with the same designation to US. My employer has agreed to file my GC application and i was hoping they will do that under EB1 C as i meet the main criteria.

    When i was employed by the Indian firm i traveled to US 3 times for 3 weeks each time i.e. 10 weeks in total within an year. Our company attorney is saying that we will have to deduct those 10 week or 2.5 months out of those eligible 13.5 months making it 11 months. Thus making me ineligible for EB1 C.

    Is that correct? Can you please provide some guidance here.

    Regards,
    Vivek

  • #2
    If the Indian subsidiary was paying your salary, then I do not think you would need to subtract that period. The rule says: employed by the foreign subsidiary, not residence in that country.
    Just an opinion; Not legal advice.

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