{ "media_type": "text", "post_content": "Does EB1 guarantee faster green card processing? My wife’s has given her two options. File for GC now or go to a foreign country for a year and come back in managerial position so expedite GC process. Has anyone done this? I myself am in the usual eb2 boat with priority date 2016. Wondering if the opportunity she’s getting is genuine and a better option", "post_id": "5ed16fa354a2d80022f0c6d8", "reply_count": 12, "vote_count": 2, "bowl_id": "5abc4bc7cf9bd00013107acd", "bowl_name": "Global immigration ", "feed_type": "bowl" }

Does EB1 guarantee faster green card processing? My wife’s has given her two options. File for GC now or go to a foreign country for a year and come back in managerial position so expedite GC process. Has anyone done this? I myself am in the usual eb2 boat with priority date 2016. Wondering if the opportunity she’s getting is genuine and a better option

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Depends on you nationality. For Indians EB1 is the only real way to GC and the 1 year abroad will make a lot of sense in the long run. If other nationality, it wont matter much

likehelpful

Your wife should take Managerial role offshore for minimum 1 year and then come back to US on H1B and apply for GC under EB1C. EB1C for India remains current for only 1-2 months each year, so she can look forward to getting a GC in 2-3 years if she is able to file concurrently (I-140 and I-485 together). Also for EB1C you don’t need to go through the Perm process so you save time there (almost a year).

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If you are Indian, EB1 is the only game unless you or your spouse can use cross-chargeability. Also, you don't need to be in L1A to file for EB1C - you can come back on H1B if there is time left, provided you meet the other stipulations (i.e. Manager role in foreign country and US, etc.).

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Going to home country and then coming back on L1A makes sense because it gives you 7 years worth of new visa. This can help if your wife’s priority date is beyond 2016. If the priority date is older, your wife will get the GC after completing new I-140 and then I-485 which usually takes about 16-18 months end to end (including time for you to fill all paperwork and lawyers to work on your case). If priority date is newer, you are the mercy of Visa bulletin dates for filing your 485.

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5 years

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I my wife and I are Indian.

For Indians, EB1 is absolutely better and faster than EB2, at least as of today. BCG offers that option to Indians too, to spend a year abroad to then apply as EB1. Know a bunch who are already getting their GCs thanks to that

Agree, but factor in the rumours about L1 being suspended for an undetermined period of time.

Does it have to be an L1 visa though. She has 3 years left on her H1b. Can they not file for an H1b and do her Gc in EB1C category

Yes they can do that on an h1b

What’s the wait time for indians for EB1 do y’all know?

Keeps varying based on demand and other factors but I believe it is currently about 3-4 years. Check the current Visa Bulletin on Department of State's website - they post cutoff dates every month.

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