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Question

I am from India, currently in USA since Sep 2019 working for Employer A in H1B in a managerial capacity. I have I-140 approved in EB2 with a priority date of Aug 2017. Before I moved to USA on Sep 2019, I worked with the same employer A for more than 17 months in India in the capacity of a Manager. Can my employer (who qualifies the employer qualification to file EB1-C) file for EB1-C on H1-B for me? If yes, The USCIS clause for EB1-C says, "You must have been employed outside the US for at least 1 year in the 3 years preceding the petition" – Assuming I qualify, should my employer file the EB1-C petition on or before Sep 2021, to meet the 1 year international managerial experience calculated in the last 3 years? Or I need not worry about a 3 year clause since I will always qualify based on the “OR” part of the clause – “You must have been employed outside the US for at least 1 year in the 3 years preceding the most recent lawful nonimmigrant admission”? Can I retain the priority date of Aug 2017 or will this be a separate independent filing? Can I change my job to employer B in US and have them file on EB1-C using my international manager experience from previous employer A?

User's Location: Charlotte, Alabama, United States of America

Category: Employment-based Green Card