EB-1C International Managers, Executives

Qualifying for EB-1C green card by working abroad for a year || Expected processing times for EB-1C for an L-1A visa holder from India

Question details

Background:
Working in the US on H1B, approved I-140 7 Years back in EB2. Now, there is an opportunity in my current company to manage 1 or 2 employees outside the US. And the same in the US. If the EB2 India dates don't have a good future after this year, I am thinking of going out of US work in managing capacity and coming back on L1A and trying EB1C.

1: With just 1 or 2 employees (senior resources e.g. VPs or AVPs in the financial domain ) reporting to me, how are the chances to get EB1C approved?
2: In your opinion, do you see EB2 India touching 2015 anytime this year, considering they have some spill over from last year? Or you suggest a plan for EB1C if the situation exists?

 

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FAQ Transcript
  1. It is a very difficult question to answer.
  2. It is difficult for anybody to predict as it is all  statistical and there are so many variations possible

Options to upgrade to EB-1C as an International Manager or Executive

Question details

My PD - July 2014 EB2. I have a pending 485 and got EAD and AP.
I’m a manager in my current company and manage teams in India and the US.
I would like to know how to upgrade to EB1 as International Manager.
Is it required that I work outside the US for one year?
If I visit India and work for 3-4 months, can the accumulated time over 2-3 years be used for upgrading to EB1?
I would also like to know if we can renew EAD from India and keep the current 485 processes on track.
 

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FAQ Transcript

Yes, you can upgrade.
No, you cannot you cannot renew EAD from India.
 

Who is required to pay for an EB-1C Green Card?

Question details

Who pays for the I-140 filing fee? Employer or Employee? Do federal regulations mandate payment by the employer? Who pays the attorney fees for the I-140 form per federal regulations? Is it mandatory to be paid by the employer? Who pays for the I-1485 filing fee per federal regulations? Employer or Employee? Any federal mandate I need to know? Who pays for I-485 attorney fees per federal regulations? Is anything mandated in federal regulations?
 

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FAQ Transcript

Generally speaking for L-1/EB-1C there are no requirements of any kind that say that the employer has to pay. The employee can pay for I-140 and I-485.
 

Concerns about EB-1C Green Card Portability

Question details

How does EB-1C portability work?

I also have a question about the EB1C portability of the priority date. Say, If I have I-140 approved under EB1C and have a particular priority date. For some reason, if I need to or want to change employers and I do not qualify for EB1C with other employers. My new employer can file I-140 under EB-2, or I can file EB-2 NIW myself. I have both options. The question is whether I can use the priority date of the earlier approved I-140 petition under EB1C to the new employer's EB-2 petition and file AOS.
 

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FAQ Transcript

Sure.  EB-1/EB-2/EB-3 all of them can be ported.

Recording for January 19, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

FAQ: Entering the U.S. on a visitor visa while green card is pending |Qualifying for Visa Waiver Program (VWP) | Spouse visa through H-1, L-1, or O-1 | Any special visas for UK, EU, Singapore, Dubai or Australia || Qualifying for EB-1C green card by working abroad for a year | Expected processing times for EB-1C for an L-1A visa holder from India || Consequences of employer withdrawing I-485 Supplement J || Layoff while on an H-1B visa - what if I cannot find a job in 60 days?

Recording for January 05, 2023 Conference Call with Rajiv S. Khanna

Discussion Topics

FAQ: Effect of typos on immigration documents || Concerns about EB-1C Green Card Portability || Who is required to pay for an EB-1C Green Card? || Can too many parking tickets affect Green Card or Citizenship process? ||

Recording for December 15, 2022 Conference Call with Rajiv S. Khanna

Nonimmigrant Visas

FAQ: Explaining PERM Prevailing Wage Determination (PWD) and its elements || Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience || H-4 EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B || Gap in status, for instance, H-1B and H-4 status issues || Eligibility for EB-1A (Extraordinary Ability)

Guestbook Entry for Mayur Gajendragadkar, United States

Name
Mayur Gajendragadkar
Country
United States
State
Kentucky
Comment

Both my L1A visa related work and my EB1C related work is done by Rajiv's Law office.  My experience with them was simply awesome. They know the process well and they 1st understand the profile and about company and guide us accordingly. I think they are really a subject matter expert in this. Also I appreciate the response time, Anna worked on my L1A and Diane worked on my GC application and both were kind, pateient and prompt in responding any query. They patiently asnwered all my queries during the process. I got my GC in 2 month's time after filing and it was quick. You get personalize service during the process and which is very important since you are sure about what you are submitting to the department. Overall it was very plesant experience working with Rajiv's office and will definately recommend this office for all future immigrants. Good luck Rajiv and his team.