New Masters Degree to move up to EB2

[poweredbydomino]

Background: 

 

My educational qualification - I have a 3 year bachelor degree from India and 2 year Masters (M.C.A) degree. This Masters program is a 3 year program however I completely only 2 years. For H1B filing - my employer did an educational evaluation to justify my 5 years of education (3 bachelor + 2 Masters) is equivalent to US Bachelor degree in Computer Science.

 

Work experience - I have 11+ years IT experience and out of which, 5+ progressive with single employer. I also understand for EB2, that the number of years of experience does not matter, if educational qualification does not satisfy. 

 

Question:

 

1. Can my I-140 be filed in EB2 (with as-is, assuming the job requirement is eligible for EB2 (Masters and/or Bachelors + 5 yrs exp))

 

2. If I cannot be on EB2, Can my employer submit my labor/I-140 on EB3 and I complete a Online Masters program (assuming the university is recognized by USCIS and all that). Would my current employer port me over to EB2, assuming that I have a US Masters Degree, for the same job position?

 

3. Would the Masters degree be considered valid by USCIS for EB2 purposes (for the same employer), due to the fact that I completed this degree while I was working for the petitioner and even if the petitioner provided financial aid

 

Thanks in advance.

 

[jairichi]

Background: 

 

My educational qualification - I have a 3 year bachelor degree from India and 2 year Masters (M.C.A) degree. This Masters program is a 3 year program however I completely only 2 years. For H1B filing - my employer did an educational evaluation to justify my 5 years of education (3 bachelor + 2 Masters) is equivalent to US Bachelor degree in Computer Science.

 

Work experience - I have 11+ years IT experience and out of which, 5+ progressive with single employer. I also understand for EB2, that the number of years of experience does not matter, if educational qualification does not satisfy. 

 

Question:

 

1. Can my I-140 be filed in EB2 (with as-is, assuming the job requirement is eligible for EB2 (Masters and/or Bachelors + 5 yrs exp))

 

2. If I cannot be on EB2, Can my employer submit my labor/I-140 on EB3 and I complete a Online Masters program (assuming the university is recognized by USCIS and all that). Would my current employer port me over to EB2, assuming that I have a US Masters Degree, for the same job position?

 

3. Would the Masters degree be considered valid by USCIS for EB2 purposes (for the same employer), due to the fact that I completed this degree while I was working for the petitioner and even if the petitioner provided financial aid

 

Thanks in advance.

You did not graduate with a master's degree. Mere attending a master's course but not graduating will not help you to be considered as having master's equivalent.

[poweredbydomino]

Thanks for your response jairichi - but the question that I asked is different. I dont want USCIS to consider my incomplete Masters (India degree) to be a Masters equivalent in the US, but to be considered as a US BACHELOR Degree. 

 

Since the educational qualification (3 year Bachelors (Madras Univ.) and 2 year Masters (Bharathidasan Univ.)) is not from a single source. 

 

Can someone assist?

 

Core question remains unanswered:

 

Question:

 

1. Can my I-140 be filed in EB2 (with as-is, assuming the job requirement is eligible for EB2 (Masters and/or Bachelors + 5 yrs exp))

 

2. If I cannot be on EB2, Can my employer submit my labor/I-140 on EB3 and I complete a Online Masters program (assuming the university is recognized by USCIS and all that). Would my current employer port me over to EB2, assuming that I have a US Masters Degree, for the same job position?

 

3. Would the Masters degree be considered valid by USCIS for EB2 purposes (for the same employer), due to the fact that I completed this degree while I was working for the petitioner and even if the petitioner provided financial aid

[JoeF]

You can not get into EB2 with these qualifications.

And in any case, the JOB requirements matter. You could have a PhD, if the job only requires a bachelor degree, the case would still be in EB3.

[t75]

It sounds like your employer has not begun filing for you. It is premature for you to worry about category if they have not expressed interest in making you a permanent employee.

[poweredbydomino]

It sounds like your employer has not begun filing for you. It is premature for you to worry about category if they have not expressed interest in making you a permanent employee.

I do have the confirmation from my employer about making me a permanent employee and GC processing right after the next 6 months. 

 

Can you help me with my questions # 2 and # 3 - please?

 

Thanks!

[JoeF]

I do have the confirmation from my employer about making me a permanent employee and GC processing right after the next 6 months. 

 

Can you help me with my questions # 2 and # 3 - please?

 

Thanks!

Then it would be in EB3. You need a 4-year bachelor degree + MS for EB2, AND the job has to require an advanced degree.

[poweredbydomino]

Hi JoeF,

 

Thanks for your response. 

 

Assuming the Job has a requirement of "BS + 5 yrs experience or MS + 2 yrs experience" - Will my education be considered as Bachelors degree (3 yrs Bachelors + 2 yrs Masters)

 

I am interested to know about the "Single Source education" - is this a documented requirement from USCIS? please assist.

 

Thanks much for taking time out to respond.

[ateetshah]

Yes you will be fine. 3yr Bach + 2 yr MS = 4 year US Bachelors. Make sure you do a good credential evaluation and you'll be fine.

You can let your attorney and or employer know as well and usually attorneys provide solutions unlike people in this forum who attack people about things that "cannot be done", rather than "what can be done". As some of previous posters have ridiculed your GC process, don't let that happen:

[chakrakr]

If you have a Masters from an accredited US University (online or on campus) AND if the job requires a Masters ,  you will qualify for EB2. 

However,  it becomes a little more challenging if the job requirement says Masters or Bachelors + 5 years experience since you do not have a 4 year Bachelors.

Per AILA-NSC liason notes (google for it) a US Masters qualify for EB2 .. no other qualification is required/checked (means your underlying 3 year Bachelors  will not cause a problem )

[JoeF]

Yes you will be fine. 3yr Bach + 2 yr MS = 4 year US Bachelors. Make sure you do a good credential evaluation and you'll be fine.

USCIS actually nowadays is denying EB2 cases if there hasn't been a 4-year bachelor degree. That's fact.

Wishful thinking doesn't help.

[ateetshah]

USCIS actually nowadays is denying EB2 cases if there hasn't been a 4-year bachelor degree. That's fact.

Wishful thinking doesn't help.

Sorry but that is absolutely incorrect statement without any merit and substance. Read up AILA NSC 2007 liaison please. Clearly states that 3 + 2 India degree is considered equivalent to US bachelors 4 year degree.

 

[ateetshah]

USCIS actually nowadays is denying EB2 cases if there hasn't been a 4-year bachelor degree. That's fact.

Wishful thinking doesn't help.

And I'll venture to add as well that spreading rumours doesn't help either without unsubstantiated claims. It helps to keep with current trends than freeze yourself in 19th century.

[JoeF]

Sorry but that is absolutely incorrect statement without any merit and substance. Read up AILA NSC 2007 liaison please. Clearly states that 3 + 2 India degree is considered equivalent to US bachelors 4 year degree.

 

2007 is a long time ago.

Nowadays, USCIS is denying such EB2 cases.

I suggest you keep up with things instead of quoting outdated stuff from 7 years ago.

[ateetshah]

2007 is a long time ago.

Nowadays, USCIS is denying such EB2 cases.

I suggest you keep up with things instead of quoting outdated stuff from 7 years ago.

Also do you have anything to support your claim ?

If not, please don't reply to this post as above is very clear and accept defeat that you'r posts are no good for advice.

[JoeF]

Also do you have anything to support your claim ?

If not, please don't reply to this post as above is very clear and accept defeat that you'r posts are no good for advice.

Lots and lots of posts from people who got denials, here and on other forums.

If you actually would be looking, instead of trying some weird fight with me, you would have seen that already.

Also, posts on lawyer sites, including murthy.com.

Again, just look. It is all there in plain sight. Even a caveman can see it.

[ateetshah]

Lots and lots of posts from people who got denials, here and on other forums.

If you actually would be looking, instead of trying some weird fight with me, you would have seen that already.

Also, posts on lawyer sites, including murthy.com.

Again, just look. It is all there in plain sight. Even a caveman can see it.

Don't see anywhere that foreign 3yr BS + 2yr MS being denied for EB2 except the fact a caveman just advised me to look elsewhere.

Anyways enjoy your cave ! You seem inclined on proving yourself not capable of answering questions with facts.

[chakrakr]

OP  what JoeF  says is partly correct.  I have seen some denial  in forums when someone had 3 year Bachelors + 3 year Masters (from India)  OR 3 Year Bachelors + 2 Year Master (from US)   but ONLY when PERM says that the job requirement is Masters OR Bachelors + 5.      However,  I have not seen any denial if the PERM requirement says Masters    (with no mention of Bachelors) .   This is also supported by AILA - NSC Liason notes.  True the notes are from 2007  but in absence of anything newer overriding it,  it still holds.  Remember immigration law, regulations and memos are much older but are still valid.   For example Ayte's Memo on AC21 still guides after several years even though it is only a memo and not law or regulation

 

In  a nutshell,  if you complete a US Masters AND if your job requirement is Masters (with no alternative as Bachelors) ,  it will sail through.  Anything else,  it might sail or might get into trouble. 

 

I have earlier seen this in Murthy Chat too (cannot search now) .   To be certain,  I suggest you talk to an Attorney through one of the free community chat/conference that many Attorney's provide.

 

My close friend got his EB2 GC, without any issue,   last year and he has  3 year Bachelors + 3 year Masters.  All he got was the standard EVL RFE that many people got last year. 

[JoeF]

Note that previous experience in getting approval is no guarantee for the future. Every case is unique, with its own circumstances.

And liaison notes are not as official as a USCIS memo. Lawyers may use it to argue certain things, but it is far from a sure thing.

 

The additional issue here is that a US Masters, what the OP was thinking about doing, would not help for the current position.

And finally, if the OP gets financial aid for the Masters from the employer (he asked about that as well), the Masters for sure can not be used for EB2. That's also well known. An outside candidate wouldn't have the benefit of getting educational aid, so using the degree would be an unfair advantage for the foreigner.

[chakrakr]

Note that previous experience in getting approval is no guarantee for the future. Every case is unique, with its own circumstances.

And liaison notes are not as official as a USCIS memo. Lawyers may use it to argue certain things, but it is far from a sure thing.

 

The additional issue here is that a US Masters, what the OP was thinking about doing, would not help for the current position.

And finally, if the OP gets financial aid for the Masters from the employer (he asked about that as well), the Masters for sure can not be used for EB2. That's also well known. An outside candidate wouldn't have the benefit of getting educational aid, so using the degree would be an unfair advantage for the foreigner.

 

While I agree previous approval is no guarantee, this approval happened in recent past  and continues to happen .  Every case is unique -- you are right .... and even a 4 year Bachelors might fail EB2.   Liasion note and Memo both are not legally enforceable but Attorneys say that in Immigration world even guidance letters carry some weight.      A 3 year Bachelors does not necessarily mean  "you are not qualified for  EB2" .    

[t75]

Most online master's degrees are not worth the time or money. Decent employers want "real" degrees.

[ateetshah]

OP what JoeF says is partly correct. I have seen some denial in forums when someone had 3 year Bachelors + 3 year Masters (from India) OR 3 Year Bachelors + 2 Year Master (from US) but ONLY when PERM says that the job requirement is Masters OR Bachelors + 5. However, I have not seen any denial if the PERM requirement says Masters (with no mention of Bachelors) . This is also supported by AILA - NSC Liason notes. True the notes are from 2007 but in absence of anything newer overriding it, it still holds. Remember immigration law, regulations and memos are much older but are still valid. For example Ayte's Memo on AC21 still guides after several years even though it is only a memo and not law or regulation

In a nutshell, if you complete a US Masters AND if your job requirement is Masters (with no alternative as Bachelors) , it will sail through. Anything else, it might sail or might get into trouble.

I have earlier seen this in Murthy Chat too (cannot search now) . To be certain, I suggest you talk to an Attorney through one of the free community chat/conference that many Attorney's provide.

My close friend got his EB2 GC, without any issue, last year and he has 3 year Bachelors + 3 year Masters. All he got was the standard EVL RFE that many people got last year.

Well what I was referring earlier was 3yr Bachelors + 2yr Masters evaluated as US 4yr Bachelors.

If your requirement is MS + X, above scenario will not work.

If your requirement is BS + 5 or MS + X it will work

If your requitment is BS + 5 it will work

We are probably talking about 2 different things. And OP has now MS degree without being paid by employer, it's easy to work out a position for future for GC.

[chakrakr]

Most online master's degrees are not worth the time or money. Decent employers want "real" degrees.

Online degrees are a reallity of today. Many reputed universities offer online program today.   I know for sure UMass , a state University  offers online  MBA .   There are quite a few which offer online degrees as well.   Very convenient for those working full time in a place where there is no decent university  

[ateetshah]

Most online master's degrees are not worth the time or money. Decent employers want "real" degrees.

Do you live in 80's ?

[JoeF]

Online degrees are a reallity of today. Many reputed universities offer online program today.   I know for sure UMass , a state University  offers online  MBA .   There are quite a few which offer online degrees as well.   Very convenient for those working full time in a place where there is no decent university  

Pretty much everybody who does an MBA gets it paid for by the employer. If you attend info sessions for MBA programs you will see that.

You won't see people in these real MBA programs who just want "upgrade to EB2."

So, yes, there are real, legit online degree programs. But these are far and between. Most online programs are rubbish.

Attend a good university, physical presence or online, and you can get a good job. Attend a 4th-tier institution, and you won't get a job, except maybe in some shady desi consulting company. Attending a 4th-tier institution online is even worse.