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vannsg2
11-20-2007, 11:32 PM
I am being offered a position of Vice President of Technology with a reputed company. Can I apply for Green Card in EB1 category? Any insight is highly appreciated.

GC with another company is pending since 2004, so wanted to see if this is an option.

Thanks in advance!

sw33t
11-20-2007, 11:37 PM
Please read the definition of EB1 category per USCIS.

http://tinyurl.com/y6qwup


I used tinyurl because the URL was pretty long.


Congratulations on your offer and please keep supporting IV.

Dhundhun
11-20-2007, 11:49 PM
My understanding is

-- If a senior manager is transferred from India to US in well known company, such as Oracle, he may qualify for EB1 processing.
-- But VP of a startup of US company not.

I am not sure what all goes into analyzing this (the guidelines are available at several places, but interpretations are difficult). Please consult a good lawyer on it.

Congratulations!

softcrowd
11-20-2007, 11:53 PM
...I am not sure one can say its Eb1 or Eb2 merely by Title. VP can be a very senior position in some organizations & may be just a common title in some other..(especially in banks & financial organizations).

But for EB1C (Multi-national manager), there are certain requirements & if you meet the same and if your attorney and company supports, that would be worth a try.

Eb1-C requirements:
http://www.greencardapply.com/manager/mang_qualify.htm

I had seen some people from top outsourcing companies (very few though) who are actually not multi-national managers per definition (may be closer) but applied for Eb1-C process (as company supported) and got thier GCs. End of the day, it all boils down to - how good is your documentation & attorney :)

All the best!

vannsg2
11-20-2007, 11:58 PM
Thanks for the quick replies and well wishes...

Looks like the position is not eligible for EB1 after all.

The thing that sucks most is that I can't invoke AC21 as my original GC is applied as a Software Engineer and this position is more of an executive role.

I guess we keep loosing the opportunities in the wait of a Green Card! One thing is for sure, this is a land of opportunities (that wont materialize) :)

sw33t
11-21-2007, 12:29 AM
In my personal opinion, breaching into Management is not an easy feat from a s/w engg. background.

I have heard about companies working with the EB candidate to help secure their GC despite changes in the LC. I am not propagating that your company do the same, but if your company is confident about your contribution, there is nothing stopping them from sponsoring your H1 transfer and you start all over again!

With a positive attitude that things will happen back to back pretty soon w.r.t Immigration reform, you stuck in your current position, will not help obtaining your GC any faster, but if your career progresses, with a little bit of more paper work, when you finally see light at the end of the tunnel, you will have your GC and your career in hand.

Again, this is just my personal opinion.

Good luck again!

santb1975
11-21-2007, 01:06 AM
Together we can work to resolve our issues. Please conside contribution. It helps plan the scale of the immigration reform that would help all of us. We have an active Holiday funding drive. Thanks

http://immigrationvoice.org/forum/showthread.php?t=15493

Thanks for the quick replies and well wishes...

Looks like the position is not eligible for EB1 after all.

The thing that sucks most is that I can't invoke AC21 as my original GC is applied as a Software Engineer and this position is more of an executive role.

I guess we keep loosing the opportunities in the wait of a Green Card! One thing is for sure, this is a land of opportunities (that wont materialize) :)