I came to USA from India with L1B visa. I was in Manager position in India with hiring authority for my team, When I got the L1B visa.
Then in 2017 I changed my visa from L1B to H1B. Eventually applied for I140 in EB2 category, in 2019.
In US I am in individual contributor role
Now my company is willing to offer a team with Hiring authority and budget for me in year 2023.
I would like to know whether I can apply for EB1 GC processing? or like upgrade my existing I-140 to EB1?
Ideally you should have applied for L1A or upgrade your L1B to L1A or H1B with I140 in EB1.
Below excerpts from USCIS for EB1 eligibility.
You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity.