You can always upgrade to EB1 from EB2/3 irrespective of same or different company... however EB1 requirements are much stringent that your lawyer can explain. Good news is you still retain the priority date from EB2.
How do you get a patent? How many patents are required for EB1?
There are no downsides to filing an EB-1 petition, even if it's rejected. You retain your priority date from EB-2 and you are not barred from trying again in the future.
I have 8 patents, will that help ?
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Modi ji loda phek ke maarenge
Mitron aisi bhasha ka prayog na karein.
I don’t think patents alone helps in all. You have to meet at least 3/11 requirements on this list. https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1
New way to exploit the system? Sigh..
For EB1B (company sponsored), typically they look for original contributions to the field. Citations for your publications is the number one metric used. Typically 100+ citations is considered average. If u ha e publications then create a google scholar or researchgate profile and see how many u have. Patents typically dont have as much weightage as citations since patents typically only benefit the company you are working for, whereas publications and original contributions help the research community and benefits the public as a whole.
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How many patents do you have? M looking to explore similar options.