Eb2 to Eb1 while in USA

[harjit81]

I am working a Sr. QA Analyst in USA on H1B Visa with my I-140 approved. It has been around 7 years in USA and I have around 15 years of Experience. My Perm Application was filed in EB2 category.

Now I want to switch to a new role of QA Manager in my organisation (which is a US Based multi-national). The new role will fit in EB1 category.

But I cannot switch to new role as I do not have 1 year Managerial experience outside of USA in the previous 3 years or before.

The requirement for Eb1 says:

"You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer."

Now I am in a situation where I cannot move up in my carrier path because of this requirement.

Is there any way I can switch my role and category to EB1 without going out of USA? Or Do I need to work in my current position till I receive my green card (which will take forever based on current priority date movements)

What would be the best way for me to switch from EB2 to Eb1?

[k_harish99]

I am not sure if you are asking about switching to EB1 or possibility to switch your role. I will answer both.

To switch to EB1 , you need at least one year of managerial experience in the same company abroad (Outside USA) . It could be anywhere like Canada , Mexico, UK OR India . This is a mandatory requirement for EB1C.

To switch your role , you can do so by changing the current SOC code to a managerial SOC code with an amendment in H1B. Your attorney will take care of it.

[harjit81]

Thanks Harish,

If I change the SOC Code to managerial SOC, Will it effect my current EB2 filing?

I mean - Will my new role still be eligible for my Eb2 category?