Question regarding upgrade from eb2 to eb1

[raviprasad]

Hi,
I first came to USA via companyA in L1A after serving them for a year in india in a managerial position. However, in USA, they didnot file my GC then and transferred me back to india. I changed my job there, got my H1 from another company and came back to usa. After changing few more companies, and getting GC filed(i140 approved) in eb2 category, i have joined company A back now after about 4.5 years. My question is since i had earlier served this company for a year in offshore and they had filed my L1A earlier too, can they now file my GC in eb1 category? I am getting contradictory answers on this everywhere. Any information on this is really appreciated.
Thanks much.

[FrancisJacobGreene]

Hi,
I first came to USA via companyA in L1A after serving them for a year in india in a managerial position. However, in USA, they didnot file my GC then and transferred me back to india. I changed my job there, got my H1 from another company and came back to usa. After changing few more companies, and getting GC filed(i140 approved) in eb2 category, i have joined company A back now after about 4.5 years. My question is since i had earlier served this company for a year in offshore and they had filed my L1A earlier too, can they now file my GC in eb1 category? I am getting contradictory answers on this everywhere. Any information on this is really appreciated.
Thanks much.

To qualify for EB-1 as a multinational manager, the qualifying managerial employment outside of the U.S. must have lasted for at least one year out the preceding three years. If it's been 4.5 years since you worked for Company A, it's been too long.