EB1 eligibility

[maxi]

Hello all,

My husband has been working for his current company since 2001. 3 yrs in UK and then we moved to US in 2004. he was on L1b and then moved to H1b as his 5 yrs on L1b ended in 2009.

He now got promoted to a managerial position with reports under him in various parts of US and UK. is he eligible for Eb1 now. Currently, his GC is being processed in EB3.

Would appreciate any help.

Thanks

Anita

[BigJoe5]

Eb-1

INA 203(b)(1)(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.

Does his position qualify as an EB-1 position?
AND
Does he qualify for the position as described?
AND
Will the employer file an I-140 with USCIS?