Master's degree received after filing of LC

B

blueocean

Registered Users (C)
Please help me out!!! Really appreciated!

My employer filed EB2 for me with Labor Certificate. The LC was approved after waiting for 2 years and we filed I-140 soon after. I received my master's degree, which was stated as one of the minimum requirements in job advertisement, after the filing date of LC due to delayed final defense.

Now I got a RFE from Nebraska Service Center for evidence of obtaining degree before the filing date of LC. I'm thinking of getting a letter from my supervisor in school to show that I was qualified for the degree and had finished almost all the requirements except the final presentation. Will this help?

Anyone encountered similar situation as me? Any suggestions? What other documentation can be helpful? Is there any hope for my case?

Thanks in a bunch!
 
blueocean said:
Please help me out!!! Really appreciated!

My employer filed EB2 for me with Labor Certificate. The LC was approved after waiting for 2 years and we filed I-140 soon after. I received my master's degree, which was stated as one of the minimum requirements in job advertisement, after the filing date of LC due to delayed final defense.

Now I got a RFE from Nebraska Service Center for evidence of obtaining degree before the filing date of LC. I'm thinking of getting a letter from my supervisor in school to show that I was qualified for the degree and had finished almost all the requirements except the final presentation. Will this help?

Anyone encountered similar situation as me? Any suggestions? What other documentation can be helpful? Is there any hope for my case?

Thanks in a bunch!
Click to expand...

Dear Bluemoon:
I had a similar situation as yours. My case was denied without even RFE because the printed degree grant date was after the LC filing date. However, I did finish all degree requirements before the filing date. So at least , you are luckier than me. You got the RFE. As I understand it, in the pre-PERM time, they recognize the date on which you finish all degree requirement as the degree granting date. In the post-PERM time, there are some confusions just as my case. I filed the appeal after the denial and it's still pending. So I don't have a solid answer regarding to this date. Since your LC is not filed under PERM. The pre-PERM rule should apply to you. However, I doubt whether you can make the argument by saying "I was qualified for the degree and had finished almost all the requirements except the final presentation". As I understand it, you should present a letter clearly saying you have finished "all" the requirements. I think you need to consult a lawyer regarding to this issue. Be careful with it. Good luck.

snowyday
 
Thank you very much, Snowyday! At least I know I'm not alone.

Thanks for the advice. You're right, I need to pay much more attention on wording of the letter. Did you file under PERM or RIR? Did you mention the 'old' rule in your appeal? I may state it in the cover letter as well. The lawyer from the company, who's in charge of my case, suggested me withdraw the case. But I don't want to give up.

Good luck to you too!
 
blueocean said:
Thank you very much, Snowyday! At least I know I'm not alone.

Thanks for the advice. You're right, I need to pay much more attention on wording of the letter. Did you file under PERM or RIR? Did you mention the 'old' rule in your appeal? I may state it in the cover letter as well. The lawyer from the company, who's in charge of my case, suggested me withdraw the case. But I don't want to give up.

Good luck to you too!
Click to expand...

Thanks, blueocean. I filed under PERM. That's the main problem. I am trapped in the gray area between old and new rules. My appeal did emphasize that I had finished all the degree requirements before the PERM filing date. As a matter of fact, I did receive the printed diploma in mail before that date. My school just printed a later date on the diploma. Only God knew why they would print a later date. I don't know whether anyone has the similar odd situation like me :eek:

Here is the quote from a lawyer I have consulted. "We have submitted cases showing that the degree requirements were met and have had them approved--when we do this we include a letter from the Department Chair showing that the degree requirements were met on such and such a day OR, in the alternative, we put on the ETA “PhD (or completion of all requirements therefore)” to prepare for the I-140." There might be a case law regarding to this degree granting date issue. I also don't know whether the rule is different for a master degree. Your lawyer should know about it. Or consult a different lawyer.

Currently, DOL doesn't allow a new PERM application for the same employee and same position if there is already an approved PERM. I don't know about one approved RIR case and a new PERM. Your lawyer should also know this.

Anyway, I think getting that letter from your school is crutial.

Good luck.
 
Last edited by a moderator:
File another I-140 in EB3

You can get a letter from the university telling "degree requirements" were completed prior to filing LC and reply the RFE.

If NSC still does not approve then ask your lawyer about filing a new I-140 in EB3 category using the same approved LC. This way you would atleast retain the priority-date on the LC.

Maybe NSC would be willing to approve your case in EB3. This is also a better option then filing an appeal and waiting for months or sometimes years for AAO to decide on your appeal.

Good luck........
 
It is an odd situation. Hope the appeal can finally make it work.

If you stated in the ads that a PHD is required for the position, it is impossible to re-classify the case to EB3. I did check with my lawyer and the re-classification is not the case for me as the position requires at least a Master's degree.

Thanks for the information about filing another petition. If my case finally is denied, I will look for another job.

Good luck to both of us.
 
Good luck

Good luck to you guys. Please let us know the status of your I-140 once you reply to the RFE with "degree requirements completion" letter or appeal status if I-140 file is denied.

Good luck
 
You must log in or register to reply here.
Top