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All other Green Card Issues I-140/I-485, Family Based Green Card

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Old 03-21-2008, 10:57 AM
Junior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
10/12/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
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Join Date: Jul 2007
Posts: 4
mikekanna will become famous soon enough
Default EB1 - MNC Executive query

EB1 - MNC Executive clause from the DOS Website
==============================-----------------
Certain executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant must be coming to work in a managerial or executive capacity. No labor certification is required for this classification, but the prospective employer must provide a job offer and
file a petition with the USCIS.

Q1) Can an H1-B visa holder apply under this category if all other conditions are satisfied?

Q2) Can the clause "Atleast 1 of the 3 preceding years" be interpreted as "Atleast 365 days in the past 3 years" if all other conditions are satisfied?

The statement does not talk about 1 full year or 1 continuous year. Also if a person's job needs him to travel to the US for a week or so every year for business before completion of 1 year in an overseas country for the same orgn/subsidiary, he would never satisfy the criteria of completing 1 year.

Pls. let me know if anyone has faced such a situation & how was this handled

Thanks.
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  #2 (permalink)  
Old 03-21-2008, 12:17 PM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
08/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2007
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Join Date: Nov 2007
Posts: 691
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Quote:
Originally Posted by mikekanna View Post
EB1 - MNC Executive clause from the DOS Website
==============================-----------------
Certain executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant must be coming to work in a managerial or executive capacity. No labor certification is required for this classification, but the prospective employer must provide a job offer and
file a petition with the USCIS.

Q1) Can an H1-B visa holder apply under this category if all other conditions are satisfied?

Q2) Can the clause "Atleast 1 of the 3 preceding years" be interpreted as "Atleast 365 days in the past 3 years" if all other conditions are satisfied?

The statement does not talk about 1 full year or 1 continuous year. Also if a person's job needs him to travel to the US for a week or so every year for business before completion of 1 year in an overseas country for the same orgn/subsidiary, he would never satisfy the criteria of completing 1 year.

Pls. let me know if anyone has faced such a situation & how was this handled

Thanks.
- travelling on business for a week or so is fine, it does not matter.

- yes an H1B holder can apply for EB-1. Remember that these petitions are scrutinized more and more now (since everyone and his mom is trying to apply in EB1). You need to be an honest-to-God manager, ideally with hire-fire capabilities and people reporting into you, to be on the safe side with EB1.
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  #3 (permalink)  
Old 03-21-2008, 12:41 PM
Junior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
10/12/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Jul 2007
Posts: 4
mikekanna will become famous soon enough
Default

Meridiani,
Appreciate the response. My worry was more around the technicality of 1 year in the past 3 years.

I understand that these are scrutinized extensively now & have a fair case.

Any other opinions?

Thanks.
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