L1B to L1A and EB1-C

[Brevis]

Hello All

I've checked the forums earlier and have been some discussions but most were from 10 years so wanted to raise the question to get an updated picture

I've been approved for the Green Card process in the company. Came to the US in April 2017 on L1B where I was employed by the company for 5 years in Turkey but without a managerial position. I did work in a special department and also in Europe for 8 months in the HQ of the company.

In September 2019 I became a manager and my visa changed to L1A in Feb 2020.

The law firm that the company hired for GC process would like to proceed with EB2 and not EB1C, claiming that I have not worked in an executive or managerial position with the company overseas although I worked already1,5 years as a manager in the US. From the USCIS webpage my understanding is that it requires 1 year of managerial experience overseas only if the alien is entering the country overseas and applying for EB1C right away, and if not then 1 year of US experience as a manager seems to be sufficient.

Questions

1) To proceed with EB1C and avoid PERM, is 1-year managerial experience 'overseas' a must; provided the alien came to the US 4 years ago on L1B?
2) As long as the company confirms, could the law firm apply to both EB1C and EB2 simultaneously? Do you think I should try to convince my employer to proceed with both?
3) If I am rejected on EB1C with I-140, would that affect negatively my EB2 application?

Many thanks for all your answers. and help!

[omar222741]

I am also in the same boat. However my case is different. I was acting as a project manager back in my home country in 2015 for one complete year. I switched to technical role in 2016 I came to US on L1B in 2018. Now I have been promoted and company wants to file for L1A since I will be leading a business unit with seven people reporting to me

If my L1A gets approved, would I be able to file for Eb1c considering I have one year offshore experience even though I came on L1b?
Does the three year rule of offshore experience preceding to Eb1 petition in last three years make me eligible?

Any guidance or clarification would be helpful.

[twisted-pixel]

from my experience, in order to qualify for the EB1-C, you must have worked outside the US in a managerial position for the company (or subsidiary) for a period of not less than 12 months in the last 3 years. It doesn't have to be continuous 12 months but must equal at least 12 months.

I lived, and worked, in the US for 5 years as a director, but was not eligible for the EB1-C and had to return to the UK for 12 months in order to qualify.

[Dinoman2022]

Hi....can you elaborate on what kind of evidences are consider for the person worked outside USA in the managerial capacity for 12 months?....is affidavit from employer is sufficient or you need emails supporting the evidence???...or any specific documents??thanks.