legalresident

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  1. I am currently on H1B VISA (4th year) and my Green Card stage is I-140 Approved in EB2 category. I am in USA from last 3.5 years and before that I worked for the same employer from India on managerial position. If my employer is willing to port my green card from EB2 to EB1, it is possible in EB-1C? My major confusion is on the below clause: "You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization". I found the below in favor of me in another website: "If the alien is in the United States working for the petitioning employer, in the three years preceding transfer to the U.S. as a nonimmigrant, the alien was employed by the entity abroad for at least one year in a managerial or executive capacity" Since I am in USA for more than 3 years, am I still eligible for EB1 (or) Did I lost my chance? Please help.