Eb3 To Eb2 With Same Employer After Completing Masters

[jasmina]

I have an approved I-140 from a previous employer. Then I joined my current employer and I had 12 years of experience then.

While I was working with my current employer, I started my Masters program. It is an online Masters program from a reputed university.I will be completing it by Jan 2015.

My current employer has not filed my GC yet as they have a 2 year policy and I will be eligible to have my GC filed in Feb 2015.

My employer did not pay for any expense/fees for my Masters program. And the job for which I had joined my current employer 1.5 years ago did mention BS or MS + 5 years of experience.

In this situation, will my current employer be able to apply for GC in EB2 category?

Please advise.

[rahul412]

AFAIK, USCIS goes by the minimum requirements.  If this is true then it will be EB3.

 

But how could a job has a  requirement either BS or MS+ 5 yrs??

[JoeF]

The job requirements determine the category. You could have a PhD, if the job only requires a bachelor degree, it would still be in EB3.

Your current job would only qualify for EB3.

The only way the employer could file an EB2 case would be for a new job that is at least 50% different than your current job and requires an advanced degree.

[jasmina]

Rahul, The requirements said bachelors or masters and minimum 5 years of experience.

 

Thanks JoeF.

Can you please explain why my current would only qualify for EB3?

[jasmina]

Slight correction.

 

The minimum requirements were any of:

BS + 5 years experience

OR

MS + 3 years experience

[rahul412]

Slight correction.

 

The minimum requirements were any of:

BS + 5 years experience

OR

MS + 3 years experience

This makes sense. I guess this might be EB2.

[jasmina]

Thanks Rahul.

 

The intent of my question was to find out if my Masters will be considered in order to file in EB2 category. The minimum requirements do look like a EB2 category and experience is not a problem for me.

 

The only thing is that my Masters will be completed while I am working with my current employer.

But the employer has not paid a single expense for the Masters program.

 

So will this degree be considered while filing my GC.

 

Regards,

Sonali

[rahul412]

 

So will this degree be considered while filing my GC.

I am not sure. Their are many factors involved here, some people say you cannot use the degree/exp earned while you were working for the current employer.

 

Attorney can help you.