Experience on TN Visa be considered towards EB3 GC Process via H1B

[no_trying]

I am currently on TN Visa and working has a Computer System Analyst for 2 years for a company. Now I am planning to apply for H1B and then apply for GC. The company will be filing me under EB3 category (skilled worker - programmer analyst). Under EB3 category you need to have worked in the USA for 5 years to qualify for GC. Would my 2 year on TN be counted towards the 5 yrs or I still need to be on H1B for 5 years?

Please advice.

 

[nelsona]

"Under EB3 category you need to have worked in the USA for 5 years to qualify for GC.'

There is no such requirement. For EB3 skilled worker you require 2 years of experience OR training (which you probably already have or you would not have been eligible for TN) No additional experience, and certainly no US experience is necessary. This may be a company policy, but it is NOT an EB3 requirement. where are you getting such misinformation?

http://www.uscis.gov/portal/site/us...nnel=74da83453d4a3210VgnVCM100000b92ca60aRCRD

Your curent work experience in your particular job cannot count towrds the fulfillment of any experince for your PERM application (but you do not need this anyways, since you are already trained). the PERM should be written with qualifications you had when you took the job, not now.

So, you are already qualified for Eb-3 submission. You ned to have a talk with the HR and lawyers to get their thinking straight. No need even to apply for H1.

But, be warned that GC through EB-3 will take years (like 6 or 7).