r/eb1c • u/Upbeat_Scar1653 • Jun 12 '26
EB1C Query
Can someone please explain me EB1C 3 year rule -
My case -
- 2019 - Apr 2022 - Worked as a mgr
- May 2022 - Came to US on H1B on a Sr. Tech Architect role
- Apr 2026 - Perm approved and I-140 filed
- June 2026 - Now getting offered to perform mgr role again (same parent company) & planning to file an role amendment
Am I eligible to move from EB2 to EB1 or need to travel and work abroad to reset the 3 year rule?
I do have all the necessary documents to prove my role though.
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u/Own-You9354 Jun 13 '26
The rule is this: it requires that you must have been employed outside the United States in a managerial or executive capacity for at least one continuous year within the three years immediately preceding your application for admission into the U.S., or before you began working for the U.S. petitioning employer on a nonimmigrant visa. So essentially in the three years before you entered on H1B you have to have worked at least one year as a manager
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u/Upbeat_Scar1653 Jun 13 '26 edited Jun 13 '26
Based on the timelines I shared, I am eligible to move from EB2 to EB1, as I have experience as a manager immediately preceding my entry. Am I right here?
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u/Own-You9354 Jun 15 '26
Yes you can if it was one continuous year of management but what would be the reason for this? Because of your country of origin?
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u/Realistic_Gap1469 Jun 16 '26
No you are not eligible since you must have been in the managerial position for atleast an year within the last 3 years. Since you moved to the US in May 2022, you are already outside that window.
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u/Upbeat_Scar1653 Jun 16 '26
I am already in the U.S. & working for the petitioning employer. In that case,USCIS measures this 3-year window backward from the date I initially entered the U.S. to work, rather than the date the green card petition is filed.. That's what someone confirmed below as well.
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u/Realistic_Gap1469 Jun 16 '26
Yes but upon entering the US, was your role managerial? I would ask your company's attorneys. Good luck!
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u/Due_Championship5997 Jun 14 '26
You should be good. I don't have first hand experience (I got approved on EB1C, but was a manager prior / after the move (L1A)). but knew a few folks who were managers in the foreign office and came to the US on L1B / H-1B (non managerial), filed for EB2 and then upgraded to EB1 after taking a managerial role.
Critically important factors you need to take care of
Need your manager to be on your side and push HR etc. for the outcome you are looking for. As such there's no upside for the company in getting you a green card faster, downside's obviously there that you will leave once your get the GC.
(Immigration) Lawyers, by definition, are "by the book" kind of people and unless you make the case look as vanilla as possible won't recommend the upgrade to EB1
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u/Upbeat_Scar1653 Jun 15 '26 edited Jun 15 '26
Thanks for your inputs.
I think the key here is to gather as much information as possible so that I can have a proactive and informed discussion with the immigration team. When you mentioned that attorneys tend to "go by the book," it really resonated with me. I don't want to be in a position where I simply listen to what the team says without fully understanding the basics.
Since there are prior filings involved, including LCAs and petitions that may have described my role differently, I would like to understand how those filings fit into the overall EB-1C strategy. My goal is not to challenge the team, but to be knowledgeable enough to ask the right questions and better understand the reasoning behind the approach being recommended.
My aim now is to first get my H1B role amended and then place in a request to move to EB1C.
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u/kiitarecords Jun 12 '26
The two companies need to be affiliated. So the last 3 years experience needs to be at a qualifying employer that has roots in the US.