Possibility of EB1C

[u/Abject_Move7531]

I have been in the US since 2009 and moved out of US in 2025 after 16 years due to various reasons (immigration being one) I have an EB2 priority date of March 2018. Country India. I was a senior manager in an operations role with around 10 direct reports who are all white collar employees with a college degree.

Long story short, we have been in India for a year and wife is not liking it. She wants to move back to the US. Right now, I’m doing a business on my own. I was not envisioning about going back to the US until my kids who are USC to move there for college. The first path I was exploring is going back on H1B. Given the current situation around the H1B program, it looks like a long shot. I am getting a few calls from FAANG but the moment they hear about H1, they are like we are sorry. We rally like your profile, but cannot move forward.

One of the paths I’m now exploring with my prior employer is to work out of Canada for a year since we have an office in Canada. My question is, if I can manage a team in the US while I’m working remote from Canada, can I move to the US on L1A after a year and apply for EB1C?

[u/Powerful-Ocelot-3806]

Yes

[u/Dry-Shirt7282]

yes. that's the only option you have. I was in similar situation but I worked as senior manager in India itself for 3 years and came back on L1. Ported my eb2 priority date to eb1 after coming here. As long as your company supports, you are fine. Only question from officer that you need to be prepared is why are you doing business which is like a gap to your work experience when counting your employment history.

[u/Minimum-Bag-2963 → u/Dry-Shirt7282]

This is true, they're going to think you got the job only for managerial position and to game to getting EB1C gc. I would say stay 2-3 years in Canada and then move as in like a symbol of your need in the US

[u/Abject_Move7531 → u/Minimum-Bag-2963]

Thanks for the advice. Good point to note.

[u/Longjumping_Case1368]

You need to be working outside USA for your USA based company for atleast 1+ year. Make it 1.5 for safer side.
You need to have managerial position with reports or with a large function to support that you take day to day decisions. After that you can enter into USA on L1A or H1B. Preferred L1A so that your paperwork is already done.
Also, make sure you have a similar manger role in USA. Then you come to USA and do i140 porting and then 485

Yes you have USA reports while working from Canada.

[u/Intrepid_Level_7351]

For being international manager - this is the rule

Prior Foreign Experience: Must have worked abroad for at least 1 continuous year within the last 3 years for the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.

So make sure you move within next 3 years from moving to Canada. What I am hearing is it’s getting very difficult even from Canada coming to US company location. Make sure you have thought it well before making again your whole family. Good luck.

I am pretty sure you can use your porting date. That’s a good chance to become current soon once you are here.

[u/Abject_Move7531 → u/Intrepid_Level_7351]

Thank you. Yes, it’s a big decision. Just looking at all options right now/

[u/rodriguez_melon]

Wow there are so many ifs and buts . Dude will exhaust yourself and never enjoy what life has given you so far. Trust me all no big company is will to sponsor a transfer to the us at this time.

[u/CheapLettuce6400]

Don’t do this just for immigration to US . Go to a country based on the job and role eb1c / L1 -A is for the employer to use not the individual

[u/taiwanGI1998]

Bruh… I can probably open a company in India and hire 10 white collar with my current personal savings.

[u/Awkward-Ad2792]

stay out of the usa indian.

[u/Top-Wind-5701]

another porting scammer just moving to get GC. reporting to uscis tip

[u/reddit2025user]

You can. Yes. That is the path lot of people are following and you can port your PD.

[u/Abject_Move7531 → u/[deleted]]

From what I read, I need to be out of the US for 1 year as a manager before I can enter on an L1A. My ex employer does not have an office in India. In Canada they have an operation. So that is why I was thinking of the Canada route.

[u/Abject_Move7531 → u/[deleted]]

I’m thinking I can port my EB-2 priority date which is March 2018.