{ "media_type": "text", "post_content": "Was reading EB-1C conditions. Is it MANDATORY to be with the employer for at least a year before they can file EB1? Switching to new employer & I am now worried that they might not file my EB1 soon", "post_id": "5b51823bff4ba70018cf8244", "reply_count": 15, "vote_count": 0, "bowl_id": "58f8108c753e990016608a0b", "bowl_name": "Desi Consultants", "feed_type": "bowl" }

Was reading EB-1C conditions. Is it MANDATORY to be with the employer for at least a year before they can file EB1? Switching to new employer & I am now worried that they might not file my EB1 soon

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I call BS on EY2. I am on H1b and did it. No problem. You can manage people on H1b it's the job which counts. Infact my H1b never expired when I was abroad. I used the same visa to enter then filed the GC immediately (after spending 1 year abroad with PwC of course).

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To each their own. I don't have to validate nothing. However one year outside with same firm is on negotiable.

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By soon I mean within 3 months of joining. I am trying to negotiate on that.

Are you on L1A visa? My understanding is that EB1 is restricted for that visa. Also your international and US managerial role must be with the same company.

Nope - it can be on H1B as well. I am joining a new company so my manager experience at this firm is 0

OP you can be on H1 but your chances of approval is low as compared to L1

It is mandatory for you to have at least 1 year of international experience in last 3 years with the employer I.e employed by the same employer or it’s subsidiary outside US

I second EY1. Legally you can file on H1B. But logically it doesn’t make sense. L1A helps in a stronger case as it is for individuals who can support US operations. H1B is specialty occupation. You can’t get hired by a company on H1B and suddenly you’re running operations. Possible, but have fun with USCIS. That being said , I hope you know ‘manager’ is not a title. You need to be executive with org charts etc

BTW also in consulting firms even a senior associate can manage people. I have HEARD a couple of SAs successful as well.

Thanks all! So here what I am sure now: A) one can file EB1, even with H1B. My case itself is that I was Assoc. Consultant at the time of application but is now a senior consultant, in US and managing a team. Agree might be tough to prove the case but at least I will be eligible B) For EB1C, I have to be employed with the firm outside of US for a year - correct? Is that mandatory or if there are any alternatives? I am going to start with a new employer and know for sure that they won’t work me outside of US for a year (cos this is an industry corporate job) What you guys suggest for point B then? Thanks!

@M1 - have you come across any exception to this rule? This could be a deal breaker in my case and I am looking for options / help. Do you think I should take professional help from an immigration lawyer on this?

There is no way pwc 1’s claim can be validated . So have fun applying eb1

The 1 year outside the US is mandatory. As far as I know there is no work around. This is what makes it qualify for multinational executive.

Since I’m on vacation, I’ll entertain this. This is from USCIS memo that clearly defines the law and what kind of profile qualify. This was in response to people submitting EB1 petitions by doing 1 year stint across borders and calling themselves ‘managers’. This is the law. Maybe SAs at pwc are indeed performing these levels. But at least at EY , an ED or Partner will be close to this description. But feel free to negotiate law with USCIS

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Sorry to drag this in your vacation, but to the benefit of all our countrymen I wish I can go through each one of the points from the law you quote and tell you how I helped support my application (EB1 was approved without RFE) but let's leave the hard work to the lawyers at EY. This is about multinational manager and not executive. 1. Supervising "professional" employees. Please read definition of professional in case law. 2. You do recommend hiring and firing if you actually interviewd anyone which I am sure you perhaps did and recommend firing or impacting performance if you wrote feedback on them. There's all detail I can go into but I'll stop here. I guess good for me if not many apply.

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Beyond 2 lines the text in each post card is cut off. I wonder how many lines in the comment section?

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