LCA Approved Under EB3 - PERM EB2 now?

[st4rguitar]

There is a question on the PERM Application (Section J Question 22) - asks whether or not the employer paid for any of the alien's education or training necessary to satisfy any of the employer's requirements for the position. So, yes, it definitely matters that he/she paid for your education.

Here is my story - My LC was filed by the employer in EB2 (Bachelor's degree + 9 years work experience) but got approved as EB3. The lawyer's argument for LC approved in EB3 was that the bachelor's degree was not in the same faculty/field as the job requirement hence the EB3 approval.

In that period employer paid for Masters degree (completed MS in Aug 2005 more than 1 and half years ago) - now can I apply a PERM LC in EB2 + progressive experience in the job even if my employer paid for Master's degree education? The MS degree is in the same field as the job and all experience is in the same field as the job.

Case details:
PD - Nov 2001
I-140 approved
I-485 pending in namecheck
2nd EAD approved in Nov 2006.

Any reply will be highly appreciated.

Thanks and Good Luck!