I am currently working as a Senior Software developer at a small company (13 employees). It is privately held and I don't have any stake in it. I am on an H-1B visa and my I-140 is approved under the EB-3 category. I see an opportunity to start a team in India for my current company. I can manage the team from India, staying there for a year. After that, I can come back to the US and still manage the Indian team while working in the USA. I will probably have to play a dual role where I am a senior developer and should manage the Indian team. Will I be eligible for EB-1 manager/executive level after 3 years? If not, is there an easy way I can leverage the advantage of working in a small shop to get a green card faster.
You should be able to include the team in India amongst the professionals you manage if the benefit of the work flows to the corporate collective. You don't have to be outside the USA for three years. The required time period is one year. This could work, but you must have a detailed consultation with your lawyers. They should make sure your proposed jobs in India and then in the USA meet the legal requirements for an L-1A/EB-1C.
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We would like to convey our sincere thanks and appreciation to Mr. Khanna and his staffs for helping us to succeed in our immigration petition through EB-1 (OR) category. We were very thrilled to note that our petition was approved without RFE in a record pace (within 9 months of submission).
Without his kind support and dedicated staff, we think we could not have achieved this. We would like to convey our special thanks to Ms. Diane Lombardo who meticulously put all the evidences together and shaped the case as a strong one.
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Good Luck for all you. Thanks.
Senthil.