EB2 or EB3? received MS degree after joining company

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pingkiran

Registered Users (C)
I have a question regarding EB-2/EB-3. Can someone please help?

The job I am hired for requires BS+5 or MS+3 years experience. I worked for 4 years and then studied MS. I completed all coursework and submitted a draft of my thesis before joining my company as a fulltime employee in Jan 2005 on OPT. In March 2005 I submitted my final thesis and obtained the degree. In May 2005 I got H1 visa.

I want to apply for PERM and my company lawyer says that I am not eligible for EB-2 category since I did not hold an MS degree at the time of joining. They say that INS may not approve EB-2 category at I-140 stage and then I will have to start all over from PERM. They want me to apply in EB-3 for BS+2 or MS+0 years experience.

1) But when I was hired, they considered my MS degree, even thought I did not have the official degree by then. Can I still apply for EB-2?

2) Does EB-2 qualification (MS+3 yrs) mean that the experience should be acquired after MS or is experience before MS counted?

Any information is appreciated.
Thank you.
 
Technically, your lawer is correct. But its worth taking a chance and applying in EB2 category.
Thanks
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pingkiran said:
I have a question regarding EB-2/EB-3. Can someone please help?

The job I am hired for requires BS+5 or MS+3 years experience. I worked for 4 years and then studied MS. I completed all coursework and submitted a draft of my thesis before joining my company as a fulltime employee in Jan 2005 on OPT. In March 2005 I submitted my final thesis and obtained the degree. In May 2005 I got H1 visa.

I want to apply for PERM and my company lawyer says that I am not eligible for EB-2 category since I did not hold an MS degree at the time of joining. They say that INS may not approve EB-2 category at I-140 stage and then I will have to start all over from PERM. They want me to apply in EB-3 for BS+2 or MS+0 years experience.

1) But when I was hired, they considered my MS degree, even thought I did not have the official degree by then. Can I still apply for EB-2?

2) Does EB-2 qualification (MS+3 yrs) mean that the experience should be acquired after MS or is experience before MS counted?

Any information is appreciated.
Thank you.
Click to expand...
 
Last edited by a moderator:
As per USCIS, the employee should posses required educational and experience, bofore filing the LC. So you are ok. Howver DOL may expect some times the qualifications should be obtained before joining the current employer. The important issue here is your experience. The experience requirements should be only post bachelors, not the post masters.

See the link ..

http://www.immigrationlinks.com/news/news215.htm
 
Thank you all for your replies.
I was told that EB-2 needs MS degree with 3 yrs experience, but it seems like just an MS degree is sufficient for EB-2. If I take the risk and apply for EB-2, I need to verify that the job requirement does not state that the 3 yrs experience needs to be post-MS.

I have another question:
If my application is rejected at I-140 stage, do I need to start from PERM again with a different job description that is equivalent to EB-3? :confused:


can_card said:
As per USCIS, the employee should posses required educational and experience, bofore filing the LC. So you are ok. Howver DOL may expect some times the qualifications should be obtained before joining the current employer. The important issue here is your experience. The experience requirements should be only post bachelors, not the post masters.

See the link ..

http://www.immigrationlinks.com/news/news215.htm
Click to expand...
 
pingkiran said:
...
I have another question:
If my application is rejected at I-140 stage, do I need to start from PERM again with a different job description that is equivalent to EB-3? :confused:
Click to expand...
No, simply file another I-140 by choosing the EB3.
 
compiler said:
No, simply file another I-140 by choosing the EB3.
Click to expand...

But as my initial labor certification requires an EB-2 person (BS+5/MS+3), my second I-140 might be denied on the grounds that I do not qualify!
 
in same situation ?

Hi pingkiran,

I am in similar situation.
I did my M.S(computers) after joining my current company
(top networking company).

My lawyer was not agreeing to file under EB-2 category.

Can you let us know, how you handled this
situation ?

Thanks
 
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