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Hello Experts,

I am in a big dilemma and need your advice before I take any decision. Here is  my story:

I am on H1b working for a good consulting firm with a fairly decent package. My I140 is approved and I have exhausted my six years of the visa. My wife is also on H1B and working for a good firm again with good package.

I have been with this company since last 1.5 years and this company have offices outside US like India,Canada, Australia etc. 

My GC has been filed in EB2 and as we all know it would take not less then 15-20 years to get the GC. To qualify for EB1C,I fulfill all the criteria like manager in this company etc for EB1 but only thing that I do not meet is the role of International manager. Since this company has countries outside USA:

Should I go to India (for eg) and serve as a role of International Manager to qualify for EB1C.

If I take this chance, my wife have to leave her job here and sacrifice her H1B. She still have 2 years left on her H1, so if she resigns, does she looses her H1 or can she apply out of the cap with new employer after a year.

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Financially, I would loose the good amount of money because I will surely not get the same amount of money that I am getting here (if I convert USD=INR).

I am afraid what if I am not able to come back after a year.

What if even my company files for EB1C for me, it will be approved.

So my question is  is it WORTH taking this risk or should I just continue here with as is like keep waiting for GC for unknown number of years.

Any guidance/  <!--[if gte mso 9]> 96 <![endif]--> <!--[if gte mso 9]> Normal 0 false false false EN-US X-NONE X-NONE <![endif]--><!--[if gte mso 9]> <![endif]--> <!--[if gte mso 10]>

<![endif]--> <!--StartFragment--> recommendation  would be highly appreciated.

Let me know if you have any questions.

Thanks a ton

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asked in H1B Visa by (180 points)

1 Answer

0 votes
My opinion is to be here, there might be new changes coming out in a year or so to clear GC backlogs or merit-based GC.

Your wife still is cap exempt if you wish to go India.
answered by (40.4k points)
Thanks RaNa. So you suggest to stay and wait here for the new rules and not pursue the EB1C path. Appreciate your help.
That's my opinion. You never know if EB1C would exist if there are any changes and it doesn't hurt as you get H1B extensions based on approved I-140



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