H1B- EB1C Filling

[SantoshS]

I am working in the USA on H1-b from Aug 2017 to date. I have the below questions regarding EB1C filling.

1. I worked in India as a Manager from 2013 to 2017 before I came to the USA and I worked with the same employer.
2. Currently I have approved EB3.
3. Can I upgrade EB3 to EB1-C, as I have worked in India as a Manager for 4 years for the same employer?

But how does this U.S. petitioning employer for at least one year within the past three years rule work in my case?

I am still eligible for EB1-C? I am the US for the last 5 years and working for the same employer.

[twisted-pixel]

you need to have been employed, in a managerial role, outside of the US, for at least 12 months within the last 3 years. If you've been in the US for 5 years then you do not qualify for the EB1-C.

[HD22]

If you’ve worked as Managerial role for 1 year out of US and if you are having Managerial role in US then you are eligible to file for EB1c.
Years doesn’t mater because employer files this based on their discretion. Some employers file it on the first year and some file when you are near to your Max Out day of H1/L1 visa