Validity of H1B Status and Eligibility of EB2

[banSwetha]

Hi

I would like to seek your inputs on the following questions I have regarding my situation.

1.) My total H1B utilization time till date is :

From 2008 Aug to 2012 Jan I was on L2 (Out of which Dec to May 2009 and Jun 2010 to May 2011 I

had L2 EAD which was never used.)

From Jan 30th 2012 to March 2013 (Till date) my status is H1B.

My question is how many work years are left for me to work on H1B as of today ?

Please note: From Aug 2008 till date I am in US with 1 short trip of 4 months to India in between.

2.) I have total of 8 years of IT experience and out of which 2 years of experience is in USA.

I have Masters of Computers education from India.

My question is am I eligible for EB2 Green card processing?

Thanks in Advance

Swetha

[Attorney_11]

Time outside of the United States and time present in L-2 or H-4 status does not count towards the six year H1B limit on stay. EB-2 immigrant classification requires that an individual be offered a position requiring either a Masters degree or a Bachelor's degree and five years of progressively responsible experience as a minimum requirement. An educational evaluation would need to be completed to determine equivalency to US degrees for foreign education.

[wiweq]

Time outside of the United States and time present in L-2 or H-4 status does not count towards the six year H1B limit on stay. EB-2 immigrant classification requires that an individual be offered a position requiring either a Masters degree or a Bachelor's degree and five years of progressively responsible experience as a minimum requirement. An educational evaluation would need to be completed to determine equivalency to US degrees for foreign education.

What does it mean by "progressively responsible experience"?

[Attorney_11]

“Progressive experience” is not defined by statute or regulation. Its plain meaning is that employment experience that reveals progress, moves forward, and advances toward increasingly complex or responsible duties. In short, progressive experience is demonstrated by advancing levels of responsibility and knowledge in the specialty.

[wiweq]

Got it Attorney_11. Thanks !