I year in Canada, to move to EB1c bracket

[Samoinp]

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

Why are you wasting a PR that someone else could use? If you employer is opening an office, why don't you just do a one year work permit?

 

[Mann157]

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.

do you have to be in a managerial position before moving out of US for 1 year as well? or only for 1 year during outside of US as a manager will work?

 

[lampbreaker]

do you have to be in a managerial position before moving out of US for 1 year as well? or only for 1 year during outside of US as a manager will work?

During the 1 year outside and after returning, but not necessarily before.

 

[Mann157]

During the 1 year outside and after returning, but not necessarily before.

Thanks, and you should be working for same employer in and outside of US or working for different employer also qualifies ?

 

[harirajmohan]

Thanks, and you should be working for same employer in and outside of US or working for different employer also qualifies ?

He said outside and why you are mixing again "in and outside"?

 

[Mann157]

He said outside and why you are mixing again "in and outside"?

I am asking if there could be more than one employers for this process while working outside US for 1 year and then coming back to work inside US. will multiple employer qualifies or not.
it is okay if you don't wanna answer but no need to be sarcastic here.... we all are getting some more info from people who have been in similar situation.

 

[lampbreaker]

You need to have worked for the same (or affiliated) employer that files the US petition (I-140) for at least 1 year during the last 3 years in the managerial capacity. Eb1C is for intra-company transfers (same requirements as L1A)

 

[Mann157]

You need to have worked for the same (or affiliated) employer that files the US petition (I-140) for at least 1 year during the last 3 years in the managerial capacity. Eb1C is for intra-company transfers (same requirements as L1A)

That is what I thought. Thank you for the clearing confusion, appreciate it...

 

[Concord78]

Hi, I am considering doing the same to upgrade to EB1 category. Just curious if you went ahead with this processing, if yes, how long did the ICT visa processing take due to COVID? I spoke to a Canadian lawyer and she said there are delays.

 

[Nick1233]

Hi, I am considering doing the same to upgrade to EB1 category. Just curious if you went ahead with this processing, if yes, how long did the ICT visa processing take due to COVID? I spoke to a Canadian lawyer and she said there are delays.

Assuming it works for you and you are eligible for EB1 a year from now, what is your best case estimate for a GC given current EB1 is at Aug 2015? 3years? 5 years?

 

[Concord78]

Assuming it works for you and you are eligible for EB1 a year from now, what is your best case estimate for a GC given current EB1 is at Aug 2015? 3years? 5 years?

No idea, I don't think anyone can estimate that. My husband's priority date is Aug 2010 in EB2 and we are still waiting....mine is Feb 2013. That's why the plan to relocate to Canada for a year.

 

[Nick1233]

No idea, I don't think anyone can estimate that. My husband's priority date is Aug 2010 in EB2 and we are still waiting....mine is Feb 2013. That's why the plan to relocate to Canada for a year.

AFAIK, EB2 priority dates can't be upgraded for EB1. So if everything works, you will be looking at EB1 priority date of May 2021 with a backdate around 2016 or something like that. FWIW, quite a few folks have already gone through this route in the last two years and they will add on to more delay.

 

[Concord78]

AFAIK, EB2 priority dates can't be upgraded for EB1. So if everything works, you will be looking at EB1 priority date of May 2021 with a backdate around 2016 or something like that. FWIW, quite a few folks have already gone through this route in the last two years and they will add on to more delay.

Once you have the L1A visa for US, you can apply in EB1 with the same priority date as EB2. So, yes, you can upgrade. Unless you have some experience with this to share, I do not want random comments from you. We are all just trying to learn from each other here. Thanks!

 

[Nick1233]

Once you have the L1A visa for US, you can apply in EB1 with the same priority date as EB2. So, yes, you can upgrade. Unless you have some experience with this to share, I do not want random comments from you. We are all just trying to learn from each other here. Thanks!

Good luck. This priority date porting from EB3 is what caused this entire retrogression in EB2. Always prioritizing one's interests and have no empathy for folks already waiting in line.

 

[Concord78]

Good luck. This priority date porting from EB3 is what caused this entire retrogression in EB2. Always prioritizing one's interests and have no empathy for folks already waiting in line.

Thanks for your wishes. Yes, I have no empathy as we have ONLY waited 10 years...