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Immigration on EB1c
Anonymous2 views3 answers
Hello Lawyers,
First I would like to appreciate for your generous time spent on this forum to help out on issues which affect peoples lives and guide them in the right direction.
I am a senior technical member of a reputed telecom company in US. My greencard labor has been filed and is currently pending. I have an opportunity to render services as a manager in our offshore branch (India) to set up a development team. I would be working in India, however would still be on US payroll. My question is
1. After 1 yr working in India in a managerial role, if I come back to US and continue my position here as a manager/ senior technical member, can I apply in EB1c category for my Greencard.
2. Does this in any way affect my old greencard application (currently pending labor)
3. Any gotchas ?
First, and most important, what did the company's immigration lawyer (as opposed to a non-attorney in HR) say when you asked these questions?
Second,
1. maybe
2. no, they will be independent and unrelated applications .. .except for the fact that if you go for the greencard on the original petition you may need to work that job for a while, instead of being a manager.
3. sure ... lots of gotchas exist ... talk to your company's lawyer.
It would be wildly inappropriate for an immigration attorney to get involved in providing you direction based on this post. You appear to be currently represented by an attorney in an on-going EB1 matter.Furthermore, as your circumstance appears to involve moving within the employer-petitioner company, the company immigration attorney who is apparently already involved in your matter should be asked these questions.
