some work experience w/o H1B

[dbonneau]

Hi,

Can the work experience without H1B be countable when you apply for I140 (EB2, BS + 5yrs ) ?
I kept my part time job about 3 yrs while I was working as a full timer at other companies. But the problem is I was getting paid but didn't file H1B as a part timer. I know that I should have filed for H1B but I just had a H1B as a full timer with my other company. If I can count my part time work experience ( 3yrs part time / 2 = 1.5 yrs as full time) along with my full time experience (3.7 yrs), It exceeds 5 yrs of related work experience that requires for EB2.

Thanks, dbn

[sc09876]

Originally Posted by dbonneau

Hi,

Can the work experience without H1B be countable when you apply for I140 (EB2, BS + 5yrs ) ?
I kept my part time job about 3 yrs while I was working as a full timer at other companies. But the problem is I was getting paid but didn't file H1B as a part timer. I know that I should have filed for H1B but I just had a H1B as a full timer with my other company. If I can count my part time work experience ( 3yrs part time / 2 = 1.5 yrs as full time) along with my full time experience (3.7 yrs), It exceeds 5 yrs of related work experience that requires for EB2.

Thanks, dbn

To be working on part time while on H1-B for an employer that is not the one who sponsored your H1-B is not legal. Please refer to a heated discussion currently under way in the Away-Qxter discussion topic.