I am playing a managerial role in my current company but having an H1B visa, not L1A. I have more than 1 year of managerial experience outside of the USA (9 months India and 4 months Netherland) during the time from 2013 to 2014. In 2014, I came to the USA on H1B Visa.
Now if my employer wants, can they upgrade my Green Card from EB2 to EB1-C category. As per USCIS Guideline, “Employee must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if an employee is already working for the U.S. petitioning employer.”
Will I be qualified as I have 1 year outside USA experience but from 2013 to 2014?
Would the 1 year outside USA experience be in the last 3 years compare with the current date or in the last 3 years of my first landing date in the USA?
Which condition would be applied for me here?
What is the significance of “
most recent lawful nonimmigrant admission” criteria here? What is the most recent lawful non-immigrant admission date (would that be the date when I landed here in the USA first time in 2014 or the date when I came last time from my vacation from India)