Labor substitution for EB2 LC: MS was obtained before LC's PD but after joining job

AllVNeedGCPC

Registered Users (C)
Hello All:

I started my job with my current employer in January 2001, while I was working on last semester of my Masters.

I received my MS degree seven months later in August 2001 and my employer filed a labor certification for me in July 2003. My employer's lawyer filed it as EB3 with argument that when I joined company I did not have my Masters.

Does anyone know if this was a valid argument? I have read in some forums that you can be EB2 as long as you obtain Masters before LC application date. (i.e. joining date doesn't matter)

Now, my employer has another pre-approved labor (EB2 with PD July 2002) that they want to give to me, but again, my employer's lawyer is saying that it cannot be substituted by me as when I joined my employer I was still working on my Masters, so I cannot be EB2.

Does anyone know if this LC substitution is possible?

Please, let me know if any one has any information or experience in this matter. Please, if possible point me to any online information that I can use to convince my employer's lawyer.

Please, help. Thanks.
 
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