EB2 to EB1 with change of employer

[Kiran Kolli]

My I-140 and Previous employer :

I came to US on H1B through an Indian IT Services organization (Employer A)  in 2014. I was working in their India office in a Manager role before 2014. 

They have processed my I-140 and approved with Priority date in year 2019 and it which in EB2 category.

In year 2020 I have completed my 6 years on H1 B visa and changed the employer ( B) using my previously approved I-140. 

Question:

Here is the requirement for EB1

If in the US and working for the same employer (or subsidiary or affiliate of the overseas employer), the candidate must have been employed by the qualifying entity abroad for at least one year in managerial or executive capacity. That one year must have occurred during the 3 years prior to entry as a nonimmigrant.

Question 1: Since I entered to US on H1B in 2014 and before that I was a Manager, can my current employer change the category to EB1?

Question 2: If I move back to my previous employer ( A) then will they able to change to EB1? Is that legally possible since I changed the employer and going back?