EB 2 to EB 1 Porting

[Ganesan Ramanathan]

I came to US in 2013 in H1 B Visa. My lawful nonimmigrant admission during that time was "Project Manager" performing managerial activity. Still I am working for the same employer who filed my U.S. petition.

My GC was filed by my Employer in the EB2 category in 2018 (Oct 2, 2018 is my priority date). Even though I was eligible for EB1 Category at that time, my company filed in EB 2, because the GC filing in my company is based on slots for each of the role which changes periodically. Since I had only an year left with maxing out of 6 years of H1B at time, I agreed for EB 2 filing. But now due to the company policy changes they are filing EB1 GC for my job level.

I am planning to port the EB 2 to EB 1. Please let me know whether I am eligible to do this. I have not worked outside US from the day I am here from 2013. I know for filing as EB 1, individual has to work outside US for at least an year within last 3 years, but as my lawful nonimmigrant admission itself is Multinational Manager. So in this case whether I am eligible for Porting.

Please provide your feedback if anyone of you / friends have came across this situation or you know any details regarding this. Looking forward your inputs. -- Thanks friends.