Currently on H visa. Planning to convert to L visa.

[h1bapplicant4]

I am currently in the US working for a company as a FTE. My company had initiated the GC process. It appears that the part time experience I've submitted cannot be considered against the 5 year requirement for EB2 category. Full time experience submitted: 4 years 6 months. I've also worked for the same company @ India an year ago. This would qualify me for a L visa. If the L visa gets approved, can the experience I've obtained here in the US on the H visa be considered towards the 5 years requirement for EB2 ? Is it advisable to go with this process ? I also see that this process is advantageous to my spouse. (Work permit for L2).

Thanks in advance.

[h1bapplicant4]

I searched through the forum.. I couldn't find a definite answer. Any help from the Gurus will be of great help!

Thanks in advance.

[catx]

The employment based (EB) category is dependent on the job description requirements, not just the experience and education of the employee. If the job description requires a master’s degree and/or experience commensurate with the EB-2 category and the employee has the necessary degree and experience (before they were hired) then they can file as EB-2.

If your job as described does not need EB-2 requirements, then your education and experience is not relevant with respect to the EB category. Also, the experience you gained while working for the employer does not count. Only the experience you had before you were hired counts.

[h1bapplicant4]

Thanks for your reply Catx!

The job description was reviewed by the attorney and confirmed that it falls under the EB2 category. The attorneys also reviewed my experience for the job. I do not have a master's degree and I have 4 years and 6 months of full time experience and rest is a part time experience. So, coming back to my question.. if I've changed my visa from H to L Visa, does the experience from H visa count against 5 year exp mandated for EB2 ? Technically moving from H visa to L visa.. is ending employment for the US firm and joining the India's company payroll. (My company would still go ahead and work towards my GC process that was initiated). Let me know. Thanks again!