Masters while on the job

[birendrak]

Hi,

 

I am finishing up MBA (graduating in May' 14) while working as a product manager. I was promoted to this job in the beginning of 2013. My education prior to this MBA was a 3Yr Bachelor+2 Year Post Graduate diploma in Business Management from India (together equivalent to US Bachelor) and close to 10 years work experience (both India and US).

 

The job requirement classifies as EB2 (either Masters or Bachelor +5 yrs exp.)

 

My question is that, Would I qualify to file an EB2 application using the same job that I am in ? Would there be questions in PERM that I was already on the job without the masters so actually it doesn't qualify. I don't want my company to use bachelor while advertising the position for PERM (should use Masters only).

 

Should I ask my comp to change my role post MBA to next level to be 100% sure ?

 

 

Appreciate your help..

 

[JoeF]

Hmm, since you started the job before you had the MS, it is obvious that the job requirement is not suitable for EB2.

[ateetshah]

If your new job is 50% different after MBA which is easy for you to convince employer after Masters degree, you could qualify for EB2, provided job description qualifes for EB2.

Don't listen to poster who thinks with a closed mind and wants to be part of problem rather than solution.

[JoeF]

If your new job is 50% different after MBA which is easy for you to convince employer after Masters degree, you could qualify for EB2, provided job description qualifes for EB2.

Don't listen to poster who thinks with a closed mind and wants to be part of problem rather than solution.

The OP started the job before he graduated.

That means the job does NOT require a Masters degree, because the OP didn't have his Masters degree when he started the job.

You may not like it, but this is a FACT.

Your lame attempt at trying to insult others doesn't change that.

[ateetshah]

The OP started the job before he graduated.

That means the job does NOT require a Masters degree, because the OP didn't have his Masters degree when he started the job.

You may not like it, but this is a FACT.

Your lame attempt at trying to insult others doesn't change that.

Your facts are wrong if the new position/job is 50% or more different than current job, OP is fine using masters degree. Just talk to your employer and HR and get this sorted out. This is one solution that previous poster is completely unaware of and being insulting to all.

And the feeling is mutual for the incompetency bestowed. You may not like it, but it is, was and always is the case. Please don't try to defend assumptions and facts that are clearly wrong and intentions are maligned. The idea of this forum is to provide alternative solutions, not harp on people's problems.

PS - TYPING IN BOLD DOESN'T MEAN ANYTHING.

[ateetshah]

The OP started the job before he graduated.

That means the job does NOT require a Masters degree, because the OP didn't have his Masters degree when he started the job.

You may not like it, but this is a FACT.

Your lame attempt at trying to insult others doesn't change that.

Attorney_15 posted on this forum. So now who is correct ? Isn't it lame ? Try to provide solutions, not rehash problems. Hollering is no good and there is no respect for such posts.

An employer generally could sponsor an existing employee for a different job than the one in which the person is working based on a degree earned while an employee. The problems in such cases generally come when experience is also required that was earned as an employee of the sponsor or if the employer paid for the degree. The complexities of this process is why it is usually a good idea to consult with an experienced lawyer even in the planning stages of proceeding with a new labor certification.

[JoeF]

Your facts are wrong if the new position/job is 50% or more different than current job, OP is fine using masters degree..

Have you actually looked at the timeline???

The OP started the new job before his graduation. Even if that job was 50% different than the old one, it was started BEFORE the graduation.Do you understand what "before" means???

If the OP had started the job after graduation, you would have been right. But again, the OP started the job before graduation, hence the case is EB3.

It isn't rocket science... (I actually hung out with real rocket scientists this weekend...)

[ateetshah]

Have you actually looked at the timeline???

The OP started the new job before his graduation. Even if that job was 50% different than the old one, it was started BEFORE the graduation.Do you understand what "before" means???

If the OP had started the job after graduation, you would have been right. But again, the OP started the job before graduation, hence the case is EB3.

It isn't rocket science... (I actually hung out with real rocket scientists this weekend...)

I guess hanging out with real rocket scientists shows signs of brain fade ! Who really cares ? Plus rocket science and half immigration knowledge doesn't impress anyone.

Doesn't matter as long as position offered for future is 50% different then current one OP is fine. Easy peasy to get done with HR and Lawyer involved. Future position is key. Might work in reverse too that current position might require Ph.D, but future might only require MBA at manger level or so.

[t75]

Any lawyer who would participate in immigration fraud risks his career. No one client is worth it. 

[JoeF]

Doesn't matter as long as position offered for future is 50% different then current one OP is fine. Easy peasy to get done with HR and Lawyer involved. Future position is key. Might work in reverse too that current position might require Ph.D, but future might only require MBA at manger level or so.

 

Sigh. This isn't a "position offered for future"...

The OP already is working in the new position. He got promoted to it before he got his Masters.

Really, you should hang out with rocket scientists. You would learn things, in particular how to read.

[birendrak]

Thanks guys for making this your battleground :)

 

Yes, I got the job before I had gotten my masters, however, the job itself qualifies for EB2, the same company had filed my GC for a lower position  (which also qualifies as EB2) earlier, but I140 was rejected because USCIS didn't consider my 3Yr Bachelor+2Yr PGDM as equivalent to US Bachelor (the PERM was advertised as Bachelor+5 Yrs experience, note that I had more than 5 yr experience before joining this company) saying that I can't combine two degrees to make it equivalent to one.

 

My attorney suggested to appeal or refile, but I was tired with all this and knew that this could happen again, as regulation does say that one can't combine two sources of education to compare with one US degree. So, I decided to start an MBA here (so USCIS can't argue about the education).

 

Below are the timeline;

 

April 2010 - Sr. Analyst

August 2012 - Started MBA

Jan 2013 - Promoted to Manager

May 2014 - Finished MBA

 

One more information - My company didn't pay for this education. The job position that my company uses (in USCIS terms) in Operations Research Analyst II for this position.

 

Now please suggest should I ask my company to promote me to higher level to avoid any problem or the new application on the same job would be okay.

 

Thanks for your responses...

[JoeF]

Thanks guys for making this your battleground :)

 

Yes, I got the job before I had gotten my masters, however, the job itself qualifies for EB2, the same company had filed my GC for a lower position  (which also qualifies as EB2) earlier, but I140 was rejected because USCIS didn't consider my 3Yr Bachelor+2Yr PGDM as equivalent to US Bachelor (the PERM was advertised as Bachelor+5 Yrs experience, note that I had more than 5 yr experience before joining this company) saying that I can't combine two degrees to make it equivalent to one.

 

My attorney suggested to appeal or refile, but I was tired with all this and knew that this could happen again, as regulation does say that one can't combine two sources of education to compare with one US degree. So, I decided to start an MBA here (so USCIS can't argue about the education).

 

Below are the timeline;

 

April 2010 - Sr. Analyst

August 2012 - Started MBA

Jan 2013 - Promoted to Manager

May 2014 - Finished MBA

 

One more information - My company didn't pay for this education. The job position that my company uses (in USCIS terms) in Operations Research Analyst II for this position.

 

Now please suggest should I ask my company to promote me to higher level to avoid any problem or the new application on the same job would be okay.

 

Thanks for your responses...

If you got the job before you got your Masters, the job does not qualify for EB2.

The fact that you got the job before you had your Masters shows that a Masters is not required for the job.

Ergo, the job only qualifies for EB3.

That's all there is to it.

[ateetshah]

Thanks guys for making this your battleground :)

Yes, I got the job before I had gotten my masters, however, the job itself qualifies for EB2, the same company had filed my GC for a lower position (which also qualifies as EB2) earlier, but I140 was rejected because USCIS didn't consider my 3Yr Bachelor+2Yr PGDM as equivalent to US Bachelor (the PERM was advertised as Bachelor+5 Yrs experience, note that I had more than 5 yr experience before joining this company) saying that I can't combine two degrees to make it equivalent to one.

My attorney suggested to appeal or refile, but I was tired with all this and knew that this could happen again, as regulation does say that one can't combine two sources of education to compare with one US degree. So, I decided to start an MBA here (so USCIS can't argue about the education).

Below are the timeline;

April 2010 - Sr. Analyst

August 2012 - Started MBA

Jan 2013 - Promoted to Manager

May 2014 - Finished MBA

One more information - My company didn't pay for this education. The job position that my company uses (in USCIS terms) in Operations Research Analyst II for this position.

Now please suggest should I ask my company to promote me to higher level to avoid any problem or the new application on the same job would be okay.

Thanks for your responses...

Is BS + 5 standalone an option ? Obviously your employer needs to make that determination.

[Kal.911]

JoeF is correct for the details you provided as-is.

 

njdude could be correct IF (big) you now start working as a software developer and your Masters is in Computer Science major. That means you moved from a Business-related job to Technology-related job. Making it 50% different.

 

Your case is EB3. (period). Just hold on to a priority date in EB3 which is better than getting outright rejected under EB2.