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kshitijnt
05-06-2008, 11:02 PM
Hi - I recently inquired at my company to file for EB1C preference category. However I joined this company in US and do not have abroad experience with this company. This was quoted as a reason I did not qualify for this preference. Are their any waivers available for this?

meridiani.planum
05-07-2008, 03:12 AM
Hi - I recently inquired at my company to file for EB1C preference category. However I joined this company in US and do not have abroad experience with this company. This was quoted as a reason I did not qualify for this preference. Are their any waivers available for this?

They must be referring to:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
Some executives and managers of foreign companies who are transferred to the U.S. may qualify. A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S to continue service to that firm or organization. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

According to one article at Murthy.com the 1 year abroad cannot be waived:
http://www.murthy.com/news/n_canibe.html
It is not something that is available for a person who did not work for an entity connected to the U.S. employer before entering the United States.

Since your June 2005 I-140 is approved, did you recapture that PD when you filed your LC again in 2007?

kshitijnt
05-07-2008, 03:52 AM
They must be referring to:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
Some executives and managers of foreign companies who are transferred to the U.S. may qualify. A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S to continue service to that firm or organization. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

According to one article at Murthy.com the 1 year abroad cannot be waived:
http://www.murthy.com/news/n_canibe.html
It is not something that is available for a person who did not work for an entity connected to the U.S. employer before entering the United States.

Since your June 2005 I-140 is approved, did you recapture that PD when you filed your LC again in 2007?

My company says that they have recaptured it. But who knows until I see the I-140