Change of Status, L2 EAD to H1

[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

[Mr. Knowitall]

As long as your employer petitions for change of status, you can remain in the U.S. and work on your approved H1B. (If your employer does not petition for change of status, you should anticipate having to leave the U.S. for consular processing before you'll be in H1B status.)

I don't know enough about your situation to comment on your eligibility for the EB2 category, but nothing you have stated so far would rule out that possibility.

[shaaam]

Thanks Mr.Knowitall!