Can I do EB2 to EB1 porting?


SSWW

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Hello,

Joined Parent company (multi Billion dollar global tech company) in India - Oct 2000
Came to the US through the Indian company in Jun 2004 (L1B). Worked till Aug 2006 and resigned the company in Aug 2006 to pursue full time Masters in Marketing (MBA) and rejoined the same company in the US in Feb 2008 (with F1 EAD work permit).
Filed H1B - Mar 2009 through the company and H1B effective from - Sep 2009. In 2010, filed GC (EB2) through this company and have  I140 Priority Date - Nov 2010.

Hold an Executive position with a very large  P&L responsibilities with this company for last several years. 

So, if I want to do EB2 to EB1 porting now, is it possible. 

Please advise.

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  • 4 weeks later...

EB1 only applies to two general categories:

1. If you were an executive manager for the company OUTSIDE the USA for atleast 1 year before you joined them in the USA

2. If you’re a person of national interest or exceptional capability (PhD etc)

 

If you meet either criteria you should contact your company lawyers since they have to file the petition and they need to approve it. 

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