r/eb1c

I have approved petitions under both EB-1A and EB-1C, with a priority date of July 2024. My EB-1A petition was approved about one month before my employer transferred me from Canada to the U.S. I am a Canadian citizen, but my country of birth is India.

Given the current layoffs, I am feeling uneasy because there is a possibility that I could be laid off at any time.

My question is: when the Date for Filing becomes current for me - it is currently December 2023, so still about eight months away - should I file my I-485 based on EB-1A or EB-1C?

Here are my concerns:

1. Filing under EB-1A
   • I would have to pay all filing fees myself.
   • If I am laid off, I may need to rely on my EB-1A petition.
   • However, this could become complicated if I am no longer employed in the U.S. at that time.
2. Filing under EB-1C
   • My employer would cover all filing costs.
   • However, I may be tied to my employer until the green card is approved, which could take one, two, or possibly three years after the Final Action Date becomes current.
   • If I am laid off before then, I may need to restart or shift the process using my EB-1A petition.

Additional context:

• I am currently in the U.S. on L-1A status.
• My wife is on L-2S status and relies on that for employment authorization.
• We have a one-year-old son.
• I have previously been counted under the H-1B cap. I was on H-1B status for only about two months before moving back to L-1A, mainly so my wife could continue using L-2S for employment.
• As Canadian citizens, we could technically return to the U.S. on TN status, but I am concerned that filing I-485 based on EB-1A while on TN status may create issues because TN is a nonimmigrant status.

Given all of this, which basis would be better for my I-485 filing: EB-1A or EB-1C?

Hello,

I am staff level engineer who worked in foreign European very well reputed company for more than a year and then moved to US. In foreign country I had just 1 report and after moving I have 2. Before going to foreign country I was working in US for the same company for few years.

Applied EB1C ( currently on EB2 I140). Got an RFE to show managerial responsibilities in foreign nation.

What are my chances ? My title is still staff engineer. I do have evidence of hiring, strategy decision making, leading tech and managerial discretion.

Anyone went through this path and got I140 approved ? Also my lawyers are against applying I485 concurrently and asked me to wait until i140 approval. Is that a good move ?

I485J got approved but no updates on i485? PD is current it’s more than 2 months. Can anyone help ?

Hi friends,

Is anyone willing to share what they submitted for EB1C RFE as a functional manager that got them approved?

I’m working with BAL, but want to make sure I submit a quality response.

Thanks!