Obtaining Masters after joining - EB3 / EB2?

N

Nayana

Registered Users (C)
Hi,
Here is my situation. I joined the company in Sept 2001.
I was doing my Masters at that time and I completed my Masters
in Dec 2001.

My company was aware that I had not graduated at the time of joining.
However, they were also aware that I was a Masters student.

Given this situation, can my company apply for my Green Card in the
EB2 category or do they have to apply for it in EB3?

Any guidance would be much appreciated.

Thanks,
 
Answer

Nayana,

I was in a similar kind of situation. I was working for a company on H-1b, and had to defend my thesis to get my masters degree. Meanwhile, I got another job offer from a different company. This new company was ready to file my LC in EB-2 RIR, but when the lawyer found that it would be impossible for me to obtain my degree before joining this new company because my thesis was still incomplete. I was given two choices one was to defend my thesis and get my masters degree before joining this new company or file LC in EB-3 category. Long story short you should posses your degree before you join the company who is ready to file your LC. Another thing to keep in mind is that EB-2 and Eb-3 these days do not make any difference since all priority dates are current. Look it this I am working for my fourth company here in U.S. And did receive my masters degree before joining this company, but they still advised me to file in EB-3 RIR considering today’s economic environment.

Good Luck,

RamFan
 
Nayana,

For your situation: You company can apply for Eb2.

As pointed in thread - EB2 and EB3 - do not matter right now as both are current. However, if the dates retrogress, then it may delay GC process.

My advice would be - if you have a fast SWA/DOL from where your application is being applied and you can expect LC in a year or so - go for EB3 else talk to your lawyer for good.
 
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Thanks all for the replies!

The problem is that my attorneys are giving a very different view.

I understand that EB2 and EB3 are both current. However,
it is *very* difficult for the company to justify the need for
an immigrant with undergraduate degree when there are
permanent residents / citizens with the same available.

My Master's degree would have been justification enough.
:(

I hate the idea of having to pretend that I did not put in all
that hard work for my Degree! The attorneys are telling me
they have to apply in EB3.

Jharkhandi, when you say that in my case the co. can apply
for EB2, why do you say that?

All of your input is much appreciated!
 
Nayana,

The first step for LC is filing ETA-750A. This is filled by your employer. In point 14 (Minimum Education, Training, and Experience Required to Perform the Job Duties) all the details are filled which sets stage for Eb2 or Eb3 later on.

If you have apprehensions about justification on LC - get a different lawyer, but let me tell you something - LC is not meant for discovering most qualified candidate - but best fit to statement in ETA-750A. Check your lawyer's success rate. If it is good enough - then have faith. Lawyer in immigration issues is what Doctor is in operation room - both dissect you mercilessly. Jokes apart - trust your lawyer if records are good. If still unsatisfied - get another lawyer.
 
Hi all,
Given that my LC will be applied under the EB3 category for all the previous reasons, can I at least use my Graduate / Master's degree advisor's reference letter to support my skill set?

Please advise...

Thanks!
 
Nayana - my 2 cents

You might be able to use our master's degree if the wording of the LC allows for that. For example if the stated requirement for the job is a masters degree or a master's in progress it might work. Of course there are other variables in consideration and I am sure your attorney might have taken those into consideration as well.

as far as EB2/EB3 goes, I believe INS makes that determination based on the job requirement that is DOL approved and on your qualifications at the time. For example if the DOL approves a "masters or masters in progress" language then INS should approve EB2 categorization for you.

like I said - my 2 cents.

good luck!
 
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