If the person is manager/tech lead in USA company and company has international peresence, can this upgrade to EB1?

Hello Anil,

I got few quick questions around GC - PERM Process and I-140…

  1. I have an EB2 I140 approved from previous employer and new employer has policy to file in EB3 only, is this going to be a technical issue?
  2. If I will get I-140 approved with my current employer and they promote to manager position, do they have to restart a new application from scratch?
  3. If the person is manager/tech lead in USA company and company has international peresence, can this upgrade to EB1?

Thank you in advance!

Hi @stanwar

You are effectively downgrading your application from EB2 to EB2 if they file in EB3. There is no side effect as such.

Yes, your employer will have to file a new PERM and i140 for new job position.

To be eligible for EB1 manager category, you have to physically stay outside US and work in same company’s outside US officer as a manager for at least 365 days.