L2 EAD to H1 conversion

[shaaam]

Hello,

I currently work on L2 EAD, my wife is a L1 holder. My employer is ready to file a H1b visa, but I wanted to check whether:

Do I need to leave the country for a H1B stamping immediately if my H1B gets approved or can I continue working on my H1B approval and get the stamping sometime next year when I plan to visit my home country.

I have close to 8 yrs of IT experience and I hold a Bachelor's degree. Will I be eligible for a Green Card application in EB2 category or since I don't have a Master's degree, will I come under EB3? This is considering my employer will file my Green card sometime later.

Hope this information helps.

Thanks
SS

[shervin143]

I currently work on L2 EAD, my wife is a L1 holder. My employer is ready to file a H1b visa, but I wanted to check whether:

Do I need to leave the country for a H1B stamping immediately if my H1B gets approved or can I continue working on my H1B approval and get the stamping sometime next year when I plan to visit my home country.
>>> It depends on how the H1B is approved. If the H1B gets approved as a COS from L2 (the approval wil come with a new I-94), then you can continue to work since your status will change to H1B as of the H1B effective date. If the H1B gets approved for consular process (no new I-94) then yuo wil remain in L2 status and you need to go out and get the H1B stamped and return back in H1B visa to work. So ask your employer to file the petition as a COS.

I have close to 8 yrs of IT experience and I hold a Bachelor's degree. Will I be eligible for a Green Card application in EB2 category or since I don't have a Master's degree, will I come under EB3? This is considering my employer will file my Green card sometime later.
>>> EB2 is possible. There is a separate section dedicated for GC in immihelp. Try your GC related questions there.