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EB1 criteria - Date of Petition or Date of Entry?

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  • EB1 criteria - Date of Petition or Date of Entry?

    I am on a H1 visa. Please help me understand one specific detail of the eligibility for EB1 as Multinational Manager. Which is the correct criteria? Is it condition 1 or 2?
    1) Worked as Manager outside US for at least 1 year before latest entry to US to work as a Manager for the same company
    or
    2) Worked as Manager outside US for at least 1 year before filing H1 petition to work in US as Manager for the same company?

    All my experience listed below are with same company in India and US.
    I joined company A in India in 2001. Worked in non management positions. Came to US for same company in H1 visa in 2004 in Lead position (not a Manager).
    In 2006 I went back to India and worked for same company as a Manager till 2008 (close to two years as Manager in India). In 2008 I traveled back to US in Manager position on extension of same H1 visa with same company. From 2008 I have been working in Management position in US without any break.

    Am I eligible to file in EB1 as I have more than one year experience outside US as Manager in the 3 years preceding my entry to US in 2008 to work as a Manager for same company? Thank you for advice.

    Respectfully submitted.

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