Inclusion of degree in Green card process

J

jayatr

New Member
Hi!
I joined my company before I had completed my masters degree. When I applied for H1B, I got a letter from the registrar of my school mentioning that I would graduate by the next semester and hence my H1B was applied considering me as a masters candidate.
However, it took me a while to complete my masters degree. When I wanted to apply for my greencard, I was told that I could not consider my masters degree since I obtained it after I joined the company and hence it cannot be used.
I would like to show my masters degree in my green card application as it pertains more to my current field of work, and my bachelors and my previous work experience does not have any relation to my current work. Could someone suggest what I could do now?
Thanks.
 
For a LC, the employer can only state requirement that are the MINIMUM the employer will accept for the position. The employer can't state that a Master's Degree is a requirement for the position since you were hired for the position before you obtained a Master's Degree.

You must put the minimum job requirements of the LC. If you are currently in that position, you obviously had at least the minimum requirements when you started with the company (that's why it's tough to use experience with the current employer) but there may be people with much less experience or education that also hold that position. As an example, if an attorney is working as a paralegal, it would not be correct to state that the minimum requirements for a paralegal position is a Juris Doctorate. The fact that the candidate holds a JD is not relevant except to show that the JD holder meets (in this case exceeds) the minimum requirements for the position.
 
OK, a quick follow-up Q: If you were recruited with a Bachelors degree, and a year after joining work, you get your masters degree, and are THEN promoted (in the same company) to a senior position that requires the skills, can the masters degree then be counted towards the green card aplicaion? In other words, can I file an EB-2 application? Thanks in advance for your considered opinion.
 
It's like using experience with the currentl employer, it can be done but it is tricky and there is always the possibility that the officer adjudicatiting the case will feel that this is not proper in the particular set of facts and deny the LC. It can probably be done but it is tricky and there is alwyas a risk of denial.

It's not possible to give general advice on this other than the above in this type of forum. Tiy will need to speak to your attorney about this in detail and the attorney can then provide specific advice after a thorough review of all the available information.
 
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