EB1 Eligibilty

[gopalh1b]

Dear expert,

I am currently on my H1B visa and my employer is filing my green card. I would like to take your expertise to find out if I am eligible for a EB1 category.

I was working for this same company in India 7 years back in a managerial role then moved on to a different company and got H1B visa with my second company. With that H1B I came to US and switched back my job to my old company in US location on Nov 2015. Now they have started my greencard processing, would it be possible for me to get EB1 category since I was doing a managerial role back then in India for the same company. When I checked with the attorney they said that it wouldn't be possible and if i would have joined within 3 years after my exit from India then they could file for EB1. Please share your thoughts.

Thanks.

[scientist2016]

Dear expert,

I am currently on my H1B visa and my employer is filing my green card. I would like to take your expertise to find out if I am eligible for a EB1 category.

I was working for this same company in India 7 years back in a managerial role then moved on to a different company and got H1B visa with my second company. With that H1B I came to US and switched back my job to my old company in US location on Nov 2015. Now they have started my greencard processing, would it be possible for me to get EB1 category since I was doing a managerial role back then in India for the same company. When I checked with the attorney they said that it wouldn't be possible and if i would have joined within 3 years after my exit from India then they could file for EB1. Please share your thoughts.

Thanks.

EB1C rules are quite clear: The applicant needs to have served in the foreign subsidiary of the same organization in a managerial role in the (not merely a supervisorial role mind you) for at-least 1 yr. in the three years prior to petition. So, your lawyers are right.