EB1C criteria- "Aggregating the Scattered period of experience outside USA" in Managerial role

Hi,

I am looking for clarification on EB1C eligibility criteria of “working outside USA for 1 year in Managerial capacity”.

I am currently working in a Managerial capacity for a US based firm as a full-time-employee. Our company has an offshore office in Bangalore,India and I have part of my team(6 Direct Reports) based there.

Since last 1.5 years, I came to Bangalore few times for a Personal reason and have worked in Bangalore Office. Also,while working in India, I have got paid the same salary as US salary in USD.

Now, The aggregation of the number of months " i worked in Bangalore, India office" sums to 12 months ( 2.5 months + 2.5 months + 7 months) .

I am on H1B visa and got approved I-140 from previous employer with a priority date of Oct 2014.

I need a clarification on the below queries from Immigration Law experts on the below queries.

  1. Can I use this opportunity of “working outside USA for an year” and apply for EB1C GC?
  2. If Yes, can I port the EB2 priority date for EB1C application?

Please let me know.

Thanks,

KGY

Check this article. It has examples on how to calculate: