EB2 eligibility?

[phariharan650]

I graduated in Jul 2005 with bachelors degree (12+4) and worked in India for 4 years and 7 months. I moved to US on L1b visa with the same employer in 2010 and has 3 yrs & 9 months exp in US. Will I eligible to file under EB2 - will DOL consider my US experience given that it is the same employer who is filing for my green card? Appreciate your help

 

[Hexa]

They only count experience prior to the sponsored job, meaning the 4 years and 7 months in your case. Some lawyers say that if you change into a substantially different position in the same company (and amend your visa through CIS), you can count the experience in the old position to file GC based on the new position.

 

[hazelickes]

People who hold advanced degrees and individuals with exceptional ability in the arts, science or business, are provided visas under this EB-2 preference category. This preference category requires a labor certification unless the applicant is able receive a national interest waiver.

Disclaimer: The information provided is of a general nature and is not intended to be construed as legal advice or creating an attorney-client relationship with Law Firm.

I graduated in Jul 2005 with bachelors degree (12+4) and worked in India for 4 years and 7 months. I moved to US on L1b visa with the same employer in 2010 and has 3 yrs & 9 months exp in US. Will I eligible to file under EB2 - will DOL consider my US experience given that it is the same employer who is filing for my green card? Appreciate your help