EB3-EB1 porting

[Ravi A]

Hi.

I came in to US in 2016 on L1-B and have approved i140 in EB3.  I did COS to L1-A in 2020 after job duties are changed.  I have managerial experience in India from 2014-2016 before coming to US. I am performing managerial activities at onsite (after L1-A COS).  Can I port my i140 from EB3 to EB1(c).  Please advise.

Edited January 24, 2021 by Ravi A

[waytoomuchwait]

You will not meet 1 out of 3 year rule. You need to be outside US as a manager for at least 1 out of 3 years. You were last outside the US in 2016, so will not work. You need to go out for 1 year and come back to be eligible.  

[Ravi A]

On 2/4/2021 at 2:26 PM, waytoomuchwait said:

last

 

On 2/4/2021 at 2:26 PM, waytoomuchwait said:

You will not meet 1 out of 3 year rule. You need to be outside US as a manager for at least 1 out of 3 years. You were last outside the US in 2016, so will not work. You need to go out for 1 year and come back to be eligible.  

Are you sure ? I was manager in India from 2014-2016 before entering US. I saw similar cases came in US 2016-17 on L1B moved to L1A and filled eb1(c). My company says I can’t move to eb1 only because I have eb3 i140 approval although my current job is managerial and I am on L1a. Please advise. 

[waytoomuchwait]

Let's say you are filing today, so you need to calculate three years back from today. In those three years, did you work in a managerial position outside the US for 1 year? Three years back from today would be 2018 Feb. As you were in US since 2018 Feb, you are not eligible. Who is your attorney?

EB3 has nothing to do with Eb1. If anything, you can port your priority date to Eb1 if it's not current.