I have friend in Accenture who came to the US on H1B 5-6 years ago. Their GC was filed in EB2 and recently after their promotion it was ported to EB1C. I always thought the international manager criteria needed 1 year in the preceding 3 years in a foreign country but in this case i know for a fact thats not true. Is there a loophole here or am I missing something?

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Posting as :
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You are right. He might not have provided you the correct information.

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I had the same doubt and and one of my friend in Accenture got his GC thru EB1. Spoke to him and here is what I found. Accenture files EB1 for AM and above and that person needs to be an AM in india before he travelled to US on H1B. There is a special clause in EB1 that allows it and they have to show that multiple people reports to this person. This is not applicable to folks who are lateral hires from other companies in US.

Again I don’t know how much of this is true but this is what I was told

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EY 1 - I was not aware the clause is that. I always thought its within the preceeding 3 of the filing of the GC. Because if what you say is true then everyone who came at any point from India and is with the same firm is eligible for EB1. I know they need to a manager but we all know the firms are and have been skirting the actual “Manager” rule for a while.

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EY1, I don't understand the point you're making. Can you explain again?

When you count the 3years for the 1 year out of the 3years.. the time spent in the US is not counted.. so if ur friend was in Accenture India for an year and moved to US and has been in US ever since.. they would meet the 1 out of the most recent 3 criteria..

Where did he come from?

Deloitte 1 - I know cases where they were Team leads in India and made AM here and then got filed for EB1. My friend is the same.

You are right. There are cases like that

I was with Accenture previously and can confirm that what D1 mentioned was the policy. If you were AM and above outside US for over an year and at least an year in US, they file in EB1 category for international managers.
People who got promoted to AM in US or anyone below TL, they'd file EB2 only.

Also keep in mind that AM is after 4 promotions for them, unlike us based consulting firm where M or SM is the level after 4 promotions.

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