EB2(BS+ 5Yrs) part time job without 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

[sooner88]

Hello,

You may only work for the particular for which you have an H1 visa. If you worked any other job without an H1 visa, you probably wouldn't want to mention that as you are not allowed to do that as it is illegal.