EB3 to EB1 with same employer

[radial]

I have I 140 approved in EB3 with my current employer. I used to work for same employer in a Manager capacity in India for more than one year before coming to US as a Manager. Is it technically possible to upgrade my EB3 to EB1 with this employer now?

[catx]

Why did your employer not apply as EB-1 multinational manager category right away? I do not think you can "upgrade" (or port) from EB-3 to EB-1 multinational manager. However, your employer maybe able to file a new I-140 petition under EB-1 multinational manager. Your employer and you need to consult with a qualified, experienced immigration attorney.

[thyagaraj81]

There might not be a conversion process as such. If you need an EB1, it would be a fresh application. But the good thing is, there is no PERM for EB1. You can directly file a new I-140 and I-485 together.

[radial]

Thank you for the responses. Can I can apply for EB1 now even though it is more than 3 years since I started working in the US? Or can I apply for EB1 only if I have been overseas within 3 years of applying for EB1?