legalresident Posted April 11, 2017 Report Share Posted April 11, 2017 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. Quote Link to comment
pontevecchio Posted April 11, 2017 Report Share Posted April 11, 2017 You do not seem to qualify as you have not worked for one year in the preceding three for your employer back home. Quote Link to comment
Nidaaa Posted December 30, 2019 Report Share Posted December 30, 2019 Hi - did you get your porting approved ? Is your I140 done ? Quote Link to comment
Ganesan Ramanathan Posted December 2, 2020 Report Share Posted December 2, 2020 HI @legalresident, Even I too have the same query and in the same situation, planning to port my EB 2 to EB 1. Since you have posted your query 3 years back, do you have any updates.. did you ported your EB2 to EB1. Please let me know. Quote Link to comment
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