wierd situation EB2 vs EB3

[jvordar]

i have master's degree and till now my case was going to be filed in EB2 (its not yet filed btw), one of the question in the PERM form is that "Did the employer pay for any of the alien’s education or training
necessary to satisfy any of the employer’s job requirements for this position?".. my company paid for some tuition when i was doing internship... now my lawyer is telling me that if the company paid for your tuition for Master's even partially you cannot apply in EB2 the reason is that company can pay any US employee to do his master and get the same skill set.. so now they will file my case in EB3... is there a way out of this? how do i make them file my case in EB2?? need help!!!

 

[PV4466]

See if you can pay back the money and hence the tuition that they paid can be considered "a loan" for accounting and legal purposes. Else see if you qualify for BS+5 years progressive exp (Experience before joining the sponsoring employer).

i have master's degree and till now my case was going to be filed in EB2 (its not yet filed btw), one of the question in the PERM form is that "Did the employer pay for any of the alien’s education or training
necessary to satisfy any of the employer’s job requirements for this position?".. my company paid for some tuition when i was doing internship... now my lawyer is telling me that if the company paid for your tuition for Master's even partially you cannot apply in EB2 the reason is that company can pay any US employee to do his master and get the same skill set.. so now they will file my case in EB3... is there a way out of this? how do i make them file my case in EB2?? need help!!!