Am i eligible for EB1 manager if working from India using H1b visa

USA H1B
1

Hi Anil,
I am currently in India working remotely from here as I am unable to travel back to the US due to travel restrictions. When I came here in early March for vacation, (when things were relatively normal than now) I got my visa stamping done in the first week of March (it was a renewal for the same employer). Me and my wife’s visa (H4) are good until Sep 2022.
Now, due to the coronavirus situation, I don’t know when I will able to travel back again. So, I had a couple of questions which I wanted to check with you.
My questions are-

  1. Do I need to file an amendment for my H1-B visa? - I am now working for my current employer (whose visa I have in my passport) remotely from India for more than 30 days now. I reached out to my employer’s legal team who said that I do not need to do anything right now as long as I am working outside US…if I work remotely inside the US then we need to think of filing an amendment and that too after 30 days of working remotely inside of US. Is this true?
  2. Also, I have an EB3 I-140 approved application with the same employer (my current employer). I have been doing a supervisor kind of role in my current position wherein I am the project manager working with external consultants. Since I am now working from India (outside of US) in a managerial kind of role, then do I now qualify to change from EB3 to EB1 for my green card application? I will check with my employer’s legal team also but wanted to reach out to you first and check what you think and if it is possible then how do I approach this with my current employer and the legal team?
2

You have completely misunderstood the concept of H1B visa.

Read this first and then think and then ask if you still have questions:

H1B amendment is not required.

You are not eligible for EB1 manager until you work as manager outside US in a company that’s paying you in non-US currency from their out of US branch.

1 Like
3

Understood.

My current employer has subsidiaries in Canada and EU, apart from the US.

Can you also share the article of EB1 manager eligibility?

My follow-up question is whether I can temporarily work by getting paid in EU currency for the “same employer’s EU subsidiary”?

If it’s possible then do I need to physically be present in EU & work from there. Or can I continue to work from India on EU payroll?

Also, lastly how many years or months of outside US that will make me eligible for EB1 manager role?

4
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Hi - I have a question on the similar lines. I have an approved H1B until 2024 (not yet stamped) and an approved I140 in EB2. My employer is ok with an intra-company transfer to India for a 1 year timeframe. Is it possible for me to travel to India, work for a year as a manager and come back on the same H1B in my current role (currently a manager in US) to qualify for an EB1 upgrade? Would I lose my existing priority date? Also, can spouse continue to stay in US while I’m in India for a year? Please advise.

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Iam curious about how it worked out for you as Iam in a similar boat now. Did your employer allow you to work in india for one year and come back to US on h1b