Regarding EB2 to EB1 upgrade - Outside of US process?

USA Green Card
1

Hi Team,

I am currently on H1B and have an approved I-140 on EB2 category. I am currently located outside the US and I am trying to approach my employer for an EB1 upgrade for myself, as I may be eligible.

Question:

  • Can we file EB1 upgrade from overseas
  • Do I need to be in US to get the EAD approved
  • If I get approved, do I need to go for stamping or anything of that sort

Are there any other issues with my current situation? Thanks a lot for your prompt response.

2
  1. If you are planning to do it from Overseas and are not filing Adjustment of Status, very likely yes.
  2. Yes, that is only applicable, if you are in US.
  3. If you get it approved and your priority date is current, then you would need to get immigrant visa stamp to enter…
    The consular processing option is for anyone outside of US.