experience before degree date

[Illinois_Dude]

My MS degree is dated Dec 2004. However I started working using my OPT from August 2004 after finishing my coursework. Can the experience in this period be used for my EB2 petition which requires me to have MS+3 years exp.

If I can use only my post degree experience I will have 2 years ,11 months and 5 days.. Is this ok ?

[JoeF]

Only experience from after getting the required degree counts.

[Illinois_Dude]

Joef,

The PERM has already been submitted. I wonder why our attorney did not notice that. Will I get into any trouble at any stage now that I have only 2 years and 11 months after getting the MS degree and the PERM says MS+3 years required.

[JoeF]

Hmm, this could come up in some RFE if it isn't noticed during the PERM processing.

You should discuss this with your lawyer.

[kala403]

I heard 1,2 months here there doesn't matter...............but that's what I "heared" from another friend. It can be a rumor too. I can't confirm.

[Illinois_Dude]

Attorneys..could you please respond..give your inputs

[Illinois_Dude]

Joef,

My company lawyer told me that if you have MS you should be fine with experience before MS degree date. However if you only have BS then the experience should be after the BS degree.

[delvisaoct]

I also have similar situation...I completed my degree in Aug 2008 and started working with company A in March 2008....i joined another company B in May 2010 and company B's subsidiary (which itself exists as a company C with a separate FEIN number) filed by perm in Feb 2012 with MS+2 yrs as requirement. So i am wondering if this would be an issue or not? My current company (B) and its subsidiary © have separate FEIN numbers but very similar name...company C is the software unit of B but exists as a separate entity. So I am wondering when I started with my current company B I had:

1. 2 years and 2 months of experience in the position requested

2. 1 year 7 months of experience considering my MS graduation date

I have the following questions:

1. Company C filed by labor and would my experience with company B count towards that (which would be more than 2 years even after my MS graduation date)

4. Since company C is sister concern of Company B, will my experience gained at company B not counted towards the rest of 2 years required for MS+2yrs condition in labor?

[hary536]

Joef,

My company lawyer told me that if you have MS you should be fine with experience before MS degree date. However if you only have BS then the experience should be after the BS degree.

I_dude, I am also in similar situation. I graduated in May 2007, but my OPT started in Feb 2007. Our current attorney and also another attorney,who I just consulted(paid) yesterday said the same thing that, you cannot use any experience gained while you were still pursuing MS. So, you can use OPT experience(months) after the MS degree,but not before that.

But again, I think in your case, since it's already filed, it doesn't mean that you are in trouble. Since USCIS need to pay attention to fine details like this and it is possible to easily miss this discrepancy. it's all luck, I guess.

[Illinois_Dude]

Hmm, this could come up in some RFE if it isn't noticed during the PERM processing.

You should discuss this with your lawyer.

Joef,

My PERM got approved , do you think one month less than 3 years (after MS degree) could lead to a problem in I-140 ?

[Illinois_Dude]

Joef,

My PERM job description said MS+3 or alternatively BS+5 required..Sorry for not mentioning it..Now is it ok to have some experience before MS degree date ..

Your response will be highly appreciated..