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?
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.