MS + 0yrs exp - what are my chances for PERM

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sireesh118

New Member
I have a MS but with no previous experience than my current job. The immigration lawyers said that they would file my application in EB2. So I assume they would have the requirements in the job description as MS degree.

But I havent had any work experience before this. How does this affect my PERM application? could it be denied on the grounds that I do not have enough prior exp?

This is my second year at my current company. Is it better to switch companies to that I can show 2 years of prior work exp?
 
MS + 2 years is sure for EB2

MS+2 is good for EB2.

sireesh118 said:
I have a MS but with no previous experience than my current job. The immigration lawyers said that they would file my application in EB2. So I assume they would have the requirements in the job description as MS degree.

But I havent had any work experience before this. How does this affect my PERM application? could it be denied on the grounds that I do not have enough prior exp?

This is my second year at my current company. Is it better to switch companies to that I can show 2 years of prior work exp?
Click to expand...
 
sireesh118 said:
I have a MS but with no previous experience than my current job. The immigration lawyers said that they would file my application in EB2. So I assume they would have the requirements in the job description as MS degree.

But I havent had any work experience before this. How does this affect my PERM application? could it be denied on the grounds that I do not have enough prior exp?

This is my second year at my current company. Is it better to switch companies to that I can show 2 years of prior work exp?
Click to expand...

First, did you receive MS degree ON HAND by the time you step in your current company?
IF that is a YES (make sure 100%), then you are fine with MS+0 for EB2.
 
I started job in Sept 05 on early OPT and got MS degree officially in Dec 05 . Does it mean I would not qualify for EB2 in category of (MS + 0 year expereince)
 
palobuddy said:
I started job in Sept 05 on early OPT and got MS degree officially in Dec 05 . Does it mean I would not qualify for EB2 in category of (MS + 0 year expereince)
Click to expand...

NO YOU WILL NOT UNLESS you could prove that you already completed your MS DEGREE requirement before joining to the company. It is debatable with USCIS but .... I would not want to do that (I left my previous company even I got a great oppotunity there because of this reason)
 
Thats really bad

Is there any way I could make it for EB2, like job title change, job description change or group change or some promotion ....

I did not know that only 3 months would hit me so hard :-( .

Could you please eloborate the difference between EB2 and EB3 duration ...
 
I almost got heart attack with this reply ...

newbies: "NO YOU WILL NOT UNLESS you could prove that you already completed your MS DEGREE requirement before joining to the company. ..."

As I have also finished my MS after joining and its been an year that I applied for my GC. I have sent an email to my attorney asking her if I qualify for EB2 and here is the reply I got .

----Reply-----
You will qualify for the EB-2 as long as you have the degree/experience
at the time of filing. Thanks.
--------------
The only addition to above statement from my attorneys previous emails is that the experience gained in current company cannot be counted.

Bottom line is you cannot use experience gained with the current employer but can use any degrees/certifications you earned during your employment period at your current employer.
 
Your lawyer isn't good. If they hired you for the job a DIDN'T have your MS at the time how can the justify that an MS was required? If you were diong the job without an MS then someone else with a BS could do it too.
 
dsrfun said:
I almost got heart attack with this reply ...

newbies: "NO YOU WILL NOT UNLESS you could prove that you already completed your MS DEGREE requirement before joining to the company. ..."

As I have also finished my MS after joining and its been an year that I applied for my GC. I have sent an email to my attorney asking her if I qualify for EB2 and here is the reply I got .

----Reply-----
You will qualify for the EB-2 as long as you have the degree/experience
at the time of filing. Thanks.
--------------
The only addition to above statement from my attorneys previous emails is that the experience gained in current company cannot be counted.

Bottom line is you cannot use experience gained with the current employer but can use any degrees/certifications you earned during your employment period at your current employer.
Click to expand...

Of course you can file PERM as you wish, but for I140 Be carefull. Based on your talk, your attorney is money eating one :)

My experience is before doing PERM , research on how you could qualify for I140 not after that.
 
Thanks guys for your replies.....

Here is whats happening which makes me think that attorney might be right (Not sure though).

I have joined as a Jr. Developer in my company on CPT (not OPT). And my company had applied for a my GC as Sr. Developer (after getting my H1). They showed that they need an MS for Sr. Developer which I completed by that time.

Here is my understanding about all these things. I cannot use my current companies experience as my company can hire a citizen and give the same training to him, but the MS I have earned is on my own that means I did not take advantage of my companies resources to get my MS. (I know this is complicated but that is what labor laws are all about. If you can help a non citizen to get experience then why cant you do the same for a citizen.....but what can they ask for my MS which I have earned on my own)

At this time I still think and wish that my attorney might be correct.
 
Civil/Environmental Engineers

Hello all,

Are there any civil/environmental engineers graduated with a Master's degree from US. I have couple of questions regarding filing my application through PERM.

Thanks,
 
dsrfun said:
Thanks guys for your replies.....

Here is whats happening which makes me think that attorney might be right (Not sure though).

I have joined as a Jr. Developer in my company on CPT (not OPT). And my company had applied for a my GC as Sr. Developer (after getting my H1). They showed that they need an MS for Sr. Developer which I completed by that time.

Here is my understanding about all these things. I cannot use my current companies experience as my company can hire a citizen and give the same training to him, but the MS I have earned is on my own that means I did not take advantage of my companies resources to get my MS. (I know this is complicated but that is what labor laws are all about. If you can help a non citizen to get experience then why cant you do the same for a citizen.....but what can they ask for my MS which I have earned on my own)

At this time I still think and wish that my attorney might be correct.
Click to expand...

H1 is completed different game than GC. But you have plenty of time why don't just try and see what the out come during I140.
 
140 Approved

I just wanted to update my status here .....

I got my I-140 approved. So It looks like you can use the masters degree obtained after joining your current employer (filling the GC for you). The only thing is you should have completed it before starting your GC process.

So FINALLY you can always use the qualifications/experience obtained with out the help of your current employer for GC.
 
dsrfun said:
I just wanted to update my status here .....

I got my I-140 approved. So It looks like you can use the masters degree obtained after joining your current employer (filling the GC for you). The only thing is you should have completed it before starting your GC process.

So FINALLY you can always use the qualifications/experience obtained with out the help of your current employer for GC.
Click to expand...

dsrfun/ Guys,

I have a related qn.

I have 4 years, 9 months full time experience with former employer A post B.S graduation and also 1 year part-time experience prior to graduation with same employer A.

Now I am with current employer B for last 6 months. Can I file for an EB2 perm using a job requirement of B.S + 5 years in company B. I know there is a shortfall of 3 months post graduation with employer A, but can I use the part-time experience, I gained with employer A to compensate for that ?

Will it fly ?

Can anyone share their opinion
 
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