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EB-1: 1 year in 3 years preceding the petition

Submitted by Chief Editor on May 27th 2011
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I have been with the same company for 4 years as a manager (overall industry experience 11 years today). I joined the company in India, stayed there for 1.5 years, moved to US 2.5 years back. I read that "1 year employment outside the USA should be in the 3 years preceding the petition". All of my 12 months does not fall into the last 3 years. What are my chances of qualifying for EB-1?

There may be an exemption if you continued working with a related company ever since you came to USA.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

In and out of US but returning and filing for EB1

Submitted by Guest on Oct 26th 2011.

I have another case. I have been travelling in and out of US since 2004 on H1B:
2004 - Jan to Mar in India, Apr to Sep in US, Oct to Dec in India
2005 - Jan to Jun in India, Jul to Sep In US, Oct to Dec in India
2006 - jan to Jul in India, Aug to Dec in US
2007 - In US
2008 - Jan to Jul in US, Aug to Dec in India
2009 - Jan to Jul in India, Aug to Dec in US
2010 - In US ever since, all of this on H1B (renewed twice)
Can I get past requirement of "at least 1 year abroad in past 3 years" based on above data?

In and out of US but returning and filing for EB1

Submitted by Rajiv S. Khanna on Apr 23rd 2012.

Please provide a summary of the data. The bottomline. How many days in a calendar year were you in USA, how many out. Better still, work out the details with your lawyers. USCIS wants EXACTLY one year, not a day less outside USA.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

In and out of US but returning and filing for EB1

Submitted by Guest on Apr 23rd 2012.

I have another case.

Jan 2006- Dec 2006 in India.
Entered Dec 16 2006 US on H1B.

My question is I am falling short of few days to qualify for 1 year requirement. Now if I go back to india and work more a month and retunr to US and file for EB1. My H1 has been reneved for once.

May2012- June 2012 - India,
July bacj to US.

Would I get past the requirement of" at least 1 year abroad in past 3 years based on above data?

In and out of US but returning and filing for EB1

Submitted by Rajiv S. Khanna on Apr 27th 2012.

Someone should research this further, but my guess is no, there has been too long an interruption in the one year.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

In and out of US but returning and filing for EB1

Submitted by Rajiv S. Khanna on Oct 30th 2011.

We will need to talk. Feel free to join me in the next free community conference call I host every other Thursday.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

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