L1A to H1b to EB1


bujjibabu89

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Hello,

Here is the sequence leading to my question:

1. Mar 2017: Came to USA on L1A for company X(on a managerial role)
2. Nov 2018: I140 was approved under EB1c category for company X
3. Apr 2019: Company X applied for consular H1b that was approved in Jul 2019.
4. Aug 2019: Layed off from company X
5. Oct 2019: Got an offer from the same company X but for different team in a developer role. Since I had an approved h1b petition from company X, they filed an  amendment h1b petition, but this process took more than 60 days grace period. Hence, amendment petition was filed under consular processing.
6. Aug 2019 to Jan 2020: No job held during this time
7: Jan 2020: Travelled to home country, attended the consular interview and joined the company X under h1b on Jan 2020.

I have been working as a developer in the company X since Jan 2020 under h1b. My team is planning to promote me as a manager in the month of Jan 2021. My question is, If I get promoted as a manager, then, will I be eligible to apply under EB1c category for my green card application?

Thanks

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