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Hi, I would appreciate any help in clarifying my question here. Am I eligible for EB1C?

Immigration 2 views 3 answers
Here is the scenario: I work of small startup company A in US on H1B. They have contractual agreement with a Company in India. Its not subsidiary or affiliate other than contact based. I was working in India company as Manager handling more than 25+ resources and multiple projects last year (I can show 1yr of employment). Currently I am in US for Company A on H1B and they would like to file GC. Am I eligible under EB1C w.r.t company relationship?

Attorney Answers

3
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Nope. A mere "contractual" based agreement among the companies will not do for EB-1(c) purposes. What is needed for the proper qualifying relationship among the companies is for one co. to be either the parent, subsidiary, branch, affiliate or even joint-venture of the other. None of which is the case in this instance. Sorry.
0 upvotes
Tripti Sharma ·
No, since the two companies have no relationship (parent, subsidiary or other affiliate) with each other.
0 upvotes
Elizabeth Kozycki ·
The company must have a qualifying relationship with a foreign company, such as a parent company, branch, subsidiary, or affiliate. Only a contract based relationship will not do.
0 upvotes

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