I-140 without masters completion!

skomarav

Registered Users (C)
I am ready to apply for 140 and haven\'t finished my MBA yet! One more course to go. Lawyer wants the degree certificate prior to filing. If file without the degree, but send all completed course grade reports, for EB-2 with Bachelors + 6yrs will there be an RFE? Lawyer said maybe RFE and have 90 days after RFE to send the certificate. Don\'t want to have an RFE- should I wait till complete the course (approx 1-2 mnths) and then file for 140? Please advise.
 
You had to have the qualifications whe the LABOR CERTIFICATION was filed

Getting the degree now will make no difference one way or the other. It sounds as if your attorney is a bit confused. I hope that you do not need the degree to meet the minimum requirements for the position as stated on the ETA-750 form or get ready to start the Labor Certification all over again.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
Minimum was bachelors

The minimum degree requirement for the position is a BS which I have, but he mentioned the I have my masters also during Labor (i.e completed various courses). Will this be a reason for RFE?
 
Can you really apply in EB2??

I don\'t think you can apply in EB2 since you did not start this job with a Masters.. So basically MBA is not required for this job, unless you may show that you got a promotion and that added responsibily requires an MBA.. In that case your 750 A,B should clearly state that this job requires Masters/MBA... Otherwise you may not be able to apply in EB2.....

I could be wrong in my understanding.. But fortunately you are in good hands of Jim Mills.. He knows it well and can help you..
 
You donot need advance degree at this stage

I had the same situation. I applied EB3 (BS + 1 yrs experiences) categori and during the LC approval, I got my masters degree. Now during the filing of I-140, I attached my masters degree certificate but filed at the same categori like EB3. Advance degree gives you a boost but not necessary if you filed for EB3.
 
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