EB-1 Category - Am i eliglible

USA H1B Visa
1

Hello All,

I need your help in understanding my case, whether i am eligible in EB-1 category or not.

I worked in India in one of the big service based Tech companies in Project Manager role from
Aug 2014 to June 2017

I came to USA in July 2017 through another employer and working in USA. now I have my i-140 approved and my visa is valid till 2024.

Now, My previous employer is offering me the role in USA, and said that the company will file my green card in EB-1 category, as I already worked in India for the same company for about 2 + years.

I read few blog articles, and have a question, whether am i eligible for EB-1 category or not?

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You must have worked for this employer abroad for at least one consecutive year in the three years before filing your petition.

What does the above mean?

Old Employer - Worked in India: Aug-2014 to June-2017
New Employer - Came to USA: July 2017 and have i-140 approved in EB2 (5 years completed in USA)

Now my old employer offering me the job and saying they will file in EB-1. am i eligible or not for EB-1 Category.

Thank you in advance.

2

I dont think you will be eligible as it is about 5 years you last worked for the old employer.

Ask them why they think they can file your PERM under EB1.

3

Thanks for your reply @Kalpesh_Dalwadi

I do sent out email to the company and waiting for their response.

I seen the below in the USCIS web site, what does the or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. any idea you ahvev

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4

Your petitioning employer is not your current employer that you are already working in the US, right? So this doesn’t apply to you?
Wait for the answer from your ex-employer.

5

Thanks for your reply. Yes, i am waiting for my ex-employer.

Yes, you are right, my current employer is different from my ex-employer.

My ex-employer is offering me a job now when i am in USA.

Just for assumption - for example: Say that, If I accept the job offer from my ex-employer while am in USA and say that my H1 B visa got approved, and i started working for them for some time, then I i go to India for vacation or visa stamping and come back to USA again with my ex-employer , then will the below statement is true or not?

the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer

Or Do I have to again work for the same ex-employer in India for 1 year and again come back to USA and with in 3 years and apply for EB-1, to be eligible for the EB-1 category?

6

The way I interpret is worked as manager or executive for at least 1 year in the 3 years preceding the most recent admission as non-immigrant if already in the US. The requirement in bold is same whether the person is in the US working already for the GC sponsoring employer or is working outside the US.

For e.g. if your most recent entry in the US is say on 1st October 2022 working for sponsoring employer in the US, you must have worked for the same employer overseas as a manager/executive for at least 1 year in the last 3 years (between 1st October 2019 through 2022) before most recent entry (1st October 2022).

I think based on my interpretation of the USCIS rule, this is what you may have to do.

Consult an immigration lawyer online and see what they have to say.