EB2 to EB1C porting

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Hi ,

I need some help to understand the eligibility criteria for EB2 to EB1 category .

I came in US on Feb 2012 from India and worked in USA based consulting company ABC ( having workforce in India at great extent)  at India in H1 B and left the company on Dec 2012 and since then with only one US based new employer . Through my current employer my I140 is approved and having the Priority date as May 2014

I was curious to know if I will be eligible for EB1C as I was in company ABC for 4 years and was not right at managerial designation but managing the team of 4 at offshore entire 2009 and deputed to Switzerland and work there for an year (entire 2010) (Again not on the book as managerial designation)  and came back to India on Feb 2011 . My first L1B application has been rejected ~ April 2011 and I went back to Swiss for another 2 months and came back to India work there in all US projects for ~ 7 months. 

Is there any way if I provide valid documents from previous employer can be eligible for EB2 port to EB1 ? Just want to know if there is chance from above status to apply for EB1 ? I know some of the folks they applied for GC in EB1 in less as in my designation and they got the GC too .

thanks and always appreciate Murti team's help. 

I would be glad to provide additional information if I forget to miss any.


Edited by DebR
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  • 1 month later...

Read below USCIS memo that was published very recently.


A beneficiary who worked abroad for a qualifying multinational organization for at least one year, but left its employ for a period of more than two years after being admitted to the United States as a nonimmigrant, does not satisfy the one-in-three foreign employment requirement for immigrant classification as a multinational manager or executive. To cure the interruption in employment, such a beneficiary would need an additional year of qualifying employment abroad before he or she could once again qualify.

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