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EB1 Manager applying for I-140from India while on H1b to complete 365 day requirement
I worked in the Indian subsidiary as a Manager (Vice President) for 13 months before moving to parent company in USA on H1b, again as a Manager (Vice President). However, during the 13 months I had visited the US on work, due to which the total days working in India before starting on H1b falls short of 365 by 28 days.
I am now on H1b in the USA, and I visited the Indian subsidiary and worked there for weeks at a time (much more than 28 days).
I would now like to apply for I-140 under EB1 Manager category.
Someone suggested that since I wasn't in India for 365 days before getting my H1b I cannot apply from the USA. However, they suggested that if I apply during a visit to the Indian subsidiary, the total days in India till now is counted and not just the days before starting on H1b. The rule for one year of work in Indian subsidiary as manager within last 3 years is then satisfied.
I would like to know whether this is a valid suggestion, and it is worth taking the effort to apply under EB1.
Thanking you in anticipation.
I am now on H1b in the USA, and I visited the Indian subsidiary and worked there for weeks at a time (much more than 28 days).
I would now like to apply for I-140 under EB1 Manager category.
Someone suggested that since I wasn't in India for 365 days before getting my H1b I cannot apply from the USA. However, they suggested that if I apply during a visit to the Indian subsidiary, the total days in India till now is counted and not just the days before starting on H1b. The rule for one year of work in Indian subsidiary as manager within last 3 years is then satisfied.
I would like to know whether this is a valid suggestion, and it is worth taking the effort to apply under EB1.
Thanking you in anticipation.
