EB1 Eligibility after rejoin the company

[PaveshPatil]

Hi,

I have international experience of 3 years from an MNC company before coming to the USA in 2016. My GC filed under EB2in 2019. As long as I am in an existing MNC, I am eligible for EB1 (Confirmed already) however the company is not upgrading/porting to EB1. I am requesting them continuously but they are deferring now. I got a very good offer in the market now, If I join a new company, I may not be eligible for EB1 from the new company.

What if I join a new company for a year and join back to my original company? Will I still eligible for Eb1 from my previous company upon joining back

[rkk09]

Hi,
Below is USCIS requirement for EB1C.
"You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity"
Therefore, you must employed outside the U.S. for at least one year within the past three years. If you consider for past years bracket and switching to new Employer, It will be tough I guess.
I recommend you to have a discussion with Immigration Attorney before take any decision.
Thanks