Another 2nd perm question

I

ImmigraBoy

Registered Users (C)
Hello,

I currently have an approved LC with I-140 about to apply with EB3. Because of the retrogression, I am thinking of starting an online MS degree, and after completion (1-2 years depending on my speed), I want to switch to EB2 with my current employer. I believe that I would have to go thru the PERM process again, although I can keep my PD from my initial application. Am I making correct assumptions?
 
Your switch to EB2 will depend on a lot of factors namely - job has to be another position (generally a promotion from your current position), requirements for the new position, justification of the experience gained through your job at the current employer, whether you could use the experience gained through your current employer. Your safest bet would be to have a requirement of a position at your current employer which would require an MS degree + # of years of experience that you had gained before you joined your current employer.

You can transfer your PD from the EB3 to EB2 application, only if your I140 for EB3 is approved. So go ahead and get your I140 cleared for the current application.

You are right in the approach that you are taking.

I am not a lawyer; The above is based on my experience and my limited knowledge with the system. Please consult a reliable attorney before taking any decision.

ImmigraBoy said:
Hello,

I currently have an approved LC with I-140 about to apply with EB3. Because of the retrogression, I am thinking of starting an online MS degree, and after completion (1-2 years depending on my speed), I want to switch to EB2 with my current employer. I believe that I would have to go thru the PERM process again, although I can keep my PD from my initial application. Am I making correct assumptions?
Click to expand...
 
I have a year of experience before joining to my current employer. That is already what I used for my current LC. If I was to go for MS+1, I would be using the same lawyer, who has the necessary proof anyway. Is it possible for me NOT to have the degree before starting the advertising, but having it by the time we apply for labor?
 
You must have the degree as of the date of the filing.
Also, when you say "Master's", you should ENSURE that you have a 4 year bachelor's and are going for a 2 year master's. If you have a 3 year bachelor's degree, you must go for a 3 year master's degree in order to qualify for an EB2.
 
Yes I already have a 4 year bach degree from a US university... What if I finish the MS degree quicker than expected?
 
That's a good question. I spoke with one of the attorneys and she said that as long as it's a master's from an accredited US university, you should be OK.

ImmigraBoy said:
Yes I already have a 4 year bach degree from a US university... What if I finish the MS degree quicker than expected?
Click to expand...
 
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