Green Card Processing for L1-B under EB1

[rupalideshmukh]

I am currently on L1-B and want to apply for Green Card. My employer can file Green Card under EB1 for me. But as per my company's policyif employee is on one certail role outside US for atleast 365 days he/she is eligible for EB1. For this eligibility I am less by 27 days. But since I came to US (2006) my role is executive managers.

Can I still apply under EB-1? I have already confirmed from my employer they can surely file my Green Card under EB1 but if at all it gets rejected they won't be able to file it again under any other category.

Do you think I can take this risk and go ahead and file under EB1 itself?

Please help me.

Thanks in Advance
Rupali

[DMX17]

EB-1C requirement from USCIS........

(C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

Were you employed by the employer abroad for at least one year in the last three years before coming to the U.S.?

[rupalideshmukh]

I have joined this employer in Jun-2004. I came to US in Sep-2006 though same employer.

[DMX17]

It is not clear to me whether the paragraph means that you must be employed abroad in a "managerial/executive" capacity for one year before coming the U.S. to work for the same employer OR just that you must be employed (be it another position which may not be managerial). If it is the latter, you may qualify for an EB-1C I-140.

To explain what I mean by the latter scenario....

Let's say you were employered abroad from 2004 to 2006 as an Engineer (NOT a manager) but you come to the U.S. on L1B (or L1A?) to work as a manager (at least in theory). Would you still qualify for EB-1C?

[rupalideshmukh]

I was employee since 2004 as an Engineer. In Oct 2005 I became manager. But as manager outside US I was there till Sep only. I am lack of 27 days at offshore as manager.