EB1c with different employer

[HD22]

Hi

I was having L1A visa and worked as manager outside US for 1 year. My company has changed my status to H1B as I got extensive RFE on L1A extension. My job duties are same . My H1 Max out date is Dec 2023 .

Now my company is reluctant to file EB1c by saying that I had less numbers of direct employees with certain grade level . Though my US role is eligible for EB1c.

Please suggest what should be the options
1) If I change a job with another employer do they be able to file EB1c ?
2) My company is filing GC under EB2. What happened if I change a job ?
3) Till when it is safe to change job as I am already in the fourth year of H1B?
4) Any other options?

thanks in advance

[rkk09]

Hi Member,
Please see my response below.
1) If I change a job with another employer do they be able to file EB1c ?
Answer: Yes.. It depends on company requirements and eligibility.. If they have a Job offer which is meeting to EB1C then they can sponsor GC under this category.
2) My company is filing GC under EB2. What happened if I change a job ?
Answer: If they still need you up on GC approval, they can continue process your GC under EB2 category.. To process and sponsor GC, it is not compulsory needed you to be employed with concern company.. Even you are employed with some other Employer, Employer B can sponsor GC to you.
3) Till when it is safe to change job as I am already in the fourth year of H1B?
Answer: If you get I-140 Approval and stay with the same employer for 180 days then you can migrate to another Employer with the full benefits of I-140 Approval. On another hand, if you absolutely want to switch to another Employer and they can process your GC immediately then you can move to another Employer and initiate your GC as quick as possible. So that, at the end of 6th year, you may have I-140 Approval in order to extend H1B beyond 6th year.
All the best.
Thanks

[HD22]

Thank you for your prompt response.
Is below option still valid if I stick with my current employer?

Currently I am in a 48 months of US stay and passport stamped with next 2 years of validity. Now if I go out of US and perform managerial duty in other countries and return back to US after 1 year . Now on return to US my employer can file EB1c and it will take around 1-2 years . So what happened when my H1 maxed out and GC decision is still pending?

During my out of US assignment, do I need to have same US direct employee under me or should I have local employee as well?

Thanks