NVIV currently meets the NYSE Amex $2 and $3 share price requirement for uplisting.
In 2012 the NASDAQ Capital Market $4 rule was changed to $3 plus other requirements that NVIV currently meets. So no impedement currently to stop uplisting to either.
SECURITIES AND EXCHANGE COMMISSION (Release No. 34-66830; File No. SR-NASDAQ-2012-002)
April 18, 2012
Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval to Proposed Rule Change, as Modified by Amendment No. 1, to Adopt an Alternative to the $4 Per Share Initial Listing Bid Price Requirement for the Nasdaq Capital Market of Either $2 Closing Price Per Share or $3 Closing Price Per Share, If Certain Other Listing Requirements are Met.