EB2 to EB1 Transfer

[nananda]

Hi, I am an Indian who has applied for GC under EB2 in 2013. I work in a managerial position. Recently I have an offer to move to london temporarily for 2 years as part of a rotation program. My office in US will keep my i-140 open. So I wanted to know a couple of things:

1) After 1 year in UK, can my employer apply for a fresh I-140 under EB1 C ?
2) At what point of time do I need to be back in US ? Can I be back when my priority date becomes current under Eb1 C.

Thanks a lot in advnance. This is a great forum.

[scientist2016]

Hi, I am an Indian who has applied for GC under EB2 in 2013. I work in a managerial position. Recently I have an offer to move to london temporarily for 2 years as part of a rotation program. My office in US will keep my i-140 open. So I wanted to know a couple of things:

1) After 1 year in UK, can my employer apply for a fresh I-140 under EB1 C ?
2) At what point of time do I need to be back in US ? Can I be back when my priority date becomes current under Eb1 C.

Thanks a lot in advnance. This is a great forum.

1. Yes, if your employer thinks you qualify.
2. You do not need to be back in the US. Your GC petition can be processed form anywhere in the world. If you are in the US at the time of petition (with a valid status within the past 180 days) then your employer will file I140 and I485 (AOS) concurrently since PD for EB1 is current. If you are outside the US, you will not be doing AOS, but instead go the consular processing route, and get an immigrant visa, which will turn to GC once you enter the US.