Hi

My employer would like to upgrade my GC petition from E3 to EB2 or EB1.

My I140 got approved while I was in US. I am currently in India; returned from US after I140 approval. My H1B petition is also expired.

Can you please clarify on the following questions with respect to the upgrade:

1) Can the upgrade be done while I am in India. Been in India for the past 3 years.

2) If upgrade is possible, is there any difference in the upgrade processing while in India. Is it a risker option to process while in India than in US.

3) In case the upgrade fails, will be EB3 petition and I-140 approval still be valid.

Thanks!!