KillEmAll Posted June 23, 2012 Report Share Posted June 23, 2012 Guys, Here's a complicated one for you gurus here. 1. Completed my bachelors (4-yr US degree) and joined a startup. Worked there for 8 months. 2. Transferred to Company A and worked there for 3 years. Meanwhile was taking Master's Degree courses part time. 3. Joined Company B before completing my master's and after 6 months or so of joining Company B graduated with my master's degree. 4. Now Company A wants to hire me back. Total post BSEE work experience outside of Company A = 8 + 6 months = 1 yr 2 months Assuming the job description from Company A requires a Master's degree + 1 year of work experience - are there any legal issues from preventing company A to file for EB2? Can I use my recently earned master's degree since I earned it AFTER leaving company A. Or is it going to be an issue because I did not start my master's AFTER leaving company A. Thanks for your time! Metallica Still RULEZ! Link to comment
chtummala Posted June 25, 2012 Report Share Posted June 25, 2012 if new job requirement needs a advanced degree then you can file under EB2 .. Link to comment
BigJoe5 Posted June 26, 2012 Report Share Posted June 26, 2012 Do you understand that the visa category is based on the job requirements and you have to meet those requirements? You are looking at it BACKWARDS! The JOB is not TAILORED to YOU---YOU must be QUALIFIED for the JOB. Link to comment
KillEmAll Posted June 26, 2012 Author Report Share Posted June 26, 2012 Like I said above the job description requires 1 years of work experience + a masters degree. I meet the requirements. What part are you confused about? Link to comment
BigJoe5 Posted June 27, 2012 Report Share Posted June 27, 2012 Like I said above the job description requires 1 years of work experience + a masters degree. I meet the requirements. What part are you confused about? You said: "Assuming the job description from Company A requires a Master's degree + 1 year of work experience ..." AND you also indicated that you worked for them before with only a bachelor's degree and now they want to hire you back. What you did NOT state was what the "old job" was and "new job" would be. If they previously hired a bachelor's degree holder and the ONLY difference is YOUR education, then how does that support reclassifying the JOB? That is how USCIS will look at it. Now, please, explain in greater detail and MAKE ME UNDERSTAND. It merely looks like you want the employer to rework the labor cert info to suit you rather than the job. IF that is NOT the case, explain how it really is. Link to comment
ravi26usa Posted June 28, 2012 Report Share Posted June 28, 2012 Company A's attorney will decide if the position needs an EB2 (skilled worker ). Check with him. Link to comment
KillEmAll Posted July 5, 2012 Author Report Share Posted July 5, 2012 BigJoe thanks for your reply. I c your question now.. so the old job was an entry level job and the new job is a senior level position with managerial duties. I have read some posts about job duties having to be 50% or more different - something along those lines. Quite frankly as of now I dont know.. and I guess to be conservative lets assume the answer is no. Having said that the old position has already been filled and the labor cert is not for the old position. They are really looking to hire a senior position. ravi.. thanks ill check with them. chtummalla.. thanks Link to comment
BigJoe5 Posted July 7, 2012 Report Share Posted July 7, 2012 BigJoe thanks for your reply. I c your question now.. so the old job was an entry level job and the new job is a senior level position with managerial duties. I have read some posts about job duties having to be 50% or more different - something along those lines. Quite frankly as of now I dont know.. and I guess to be conservative lets assume the answer is no. Having said that the old position has already been filled and the labor cert is not for the old position. They are really looking to hire a senior position. ravi.. thanks ill check with them. chtummalla.. thanks If that company has a track record of promoting from within (like just about every company on planet Earth) then that means that similar jobs in that company are likely already filled by folks who do not have a Master's degree. Why would a company suddenly start requiring Master's degrees for a position that was likely historically filled by promoting from within the existing workforce from a pool of folks who began in entry level jobs without Master's degrees (probably not one in the bunch)? A paradigmatic shift would require grand justifications and the Department of Labor would probably not buy it BUT even if DOL did not question it, USCIS would challenge it and make a dozen surprise "site visits" and delve into ALL past petitions filed by that petitioning company. With that hanging over the employer's head and the potential for debarment looming in its wake, the company lawyer will tell them to play it safe. That of course is where your query began on this forum topic. Link to comment
KillEmAll Posted July 9, 2012 Author Report Share Posted July 9, 2012 BigJoe thanks for your reply! Link to comment
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