jasmina Posted July 22, 2014 Report Share Posted July 22, 2014 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. Link to comment
rahul412 Posted July 22, 2014 Report Share Posted July 22, 2014 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?? Link to comment
JoeF Posted July 22, 2014 Report Share Posted July 22, 2014 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. Link to comment
jasmina Posted July 23, 2014 Author Report Share Posted July 23, 2014 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? Link to comment
jasmina Posted July 24, 2014 Author Report Share Posted July 24, 2014 Slight correction. The minimum requirements were any of: BS + 5 years experience OR MS + 3 years experience Link to comment
rahul412 Posted July 24, 2014 Report Share Posted July 24, 2014 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. Link to comment
jasmina Posted July 24, 2014 Author Report Share Posted July 24, 2014 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 Link to comment
rahul412 Posted July 24, 2014 Report Share Posted July 24, 2014 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. Link to comment
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