I year in Canada, to move to EB1c bracket

[Tg123]

Hi ,
I am currently on H1b and I have my I-140 approved with a priority date of 2014. I am about to get my Canadian PR this April and coincidentally my current employer recently opened an office in Canada as well. So my question is if I work in a managerial position from the Canadian office for a year and come back to US, could I bump my application to EB1c catagory? If yes, what are the chances of approval? And would the priority date stay the same if I do so? In EB1c i would have to go through PERM again...is that correct?

Taresh

 

[DEEPCUR]

Yes, if you happen to be outside US for one year in managerial capacity, you’ll qualify for eb1c provided your employer is willing to support it. There is no perm processing for eb1c and your priority date stays the same.

 

[Mirapakay]

Yes, if you happen to be outside US for one year in managerial capacity, you’ll qualify for eb1c provided your employer is willing to support it. There is no perm processing for eb1c and your priority date stays the same.

Can we travel to US during that one year on B-1 or should we strictly be outside US for one year?

 

[DEEPCUR]

Can we travel to US during that one year on B-1 or should we strictly be outside US for one year?

Short business trips should be okay. There is a big memo in uscis site that clearly says the possible US visits scenario that would/ would not break your one year outside US. Google and take a look.

 

[lampbreaker]

You should not count the days of that trip in the one year and keep total duration of such trips short.

 

[Mirapakay]

Thanks @DEEPCUR and @lampbreaker !

 

[Tg123]

You should not count the days of that trip in the one year and keep total duration of such trips short.

Can you come back on those short trips on the H1b visa itself?

 

[harirajmohan]

Can you come back on those short trips on the H1b visa itself?

H1 means then you are maintaining the work status same as now which will never record a gap of one year. It should be same as one year gap to get into another new H1 quota after 6 years are exhausted.

 

[Tg123]

H1 means then you are maintaining the work status same as now which will never record a gap of one year. It should be same as one year gap to get into another new H1 quota after 6 years are exhausted.

I already have140 approved... I don’t need new H1b... I just need to stay out for 365 days to be able to file eb1c

 

[harirajmohan]

I already have140 approved... I don’t need new H1b... I just need to stay out for 365 days to be able to file eb1c

I know that you already have 140. I was giving example of how "1 year out of country" is considered actually being outside. Coming on H1 violates/nullifies you being outside for 1 year is my point.

 

[Tg123]

I know that you already have 140. I was giving example of how "1 year out of country" is considered actually being outside. Coming on H1 violates/nullifies you being outside for 1 year is my point.

I understand that... but my question is if the company wants me to work from Canada office for more than a year to expand business there... I do need to come once in a while for business meetings... I am not getting paid in ya office ... everything is getting done in Canada branch....how does that scenario work?

taresh

 

[harirajmohan]

I understand that... but my question is if the company wants me to work from Canada office for more than a year to expand business there... I do need to come once in a while for business meetings... I am not getting paid in ya office ... everything is getting done in Canada branch....how does that scenario work?

taresh

Get B1 visa and travel as its only the meetings.
Per what i have seen in India locations, the managers come on B1 every year(every few months) and have gone to get L1A.

 

[Tg123]

Get B1 visa and travel as its only the meetings.
Per what i have seen in India locations, the managers come on B1 every year(every few months) and have gone to get L1A.

Can I get b1 while I have H1b? If I get b1 do I forgo H1b?
Taresh

 

[harirajmohan]

Can I get b1 while I have H1b? If I get b1 do I forgo H1b?
Taresh

You can get B1 only after moving permanently outside of US( to make your B1 case strong, you should have evidence at the time of interview that you dont any longer work in US and started working in Canada). Its also possible that your h1 visa might get cancelled when they issue B1 but some officers wont cancel but it doesnt matter as you just need B1 at that time. H1 can be filed again anytime based on 140 whenever is required.

 

[lampbreaker]

You should consult with a lawyer, but I would advise using B1/B2.