Confusion regarding hiring process timing to use EB2 if possible

[bafflingrain]

Hi All,

I currently have Perm and I-140 approved under EB3 though my employer, but it seems like it'll take another 20 years for it to be current. I had 4 year Bachelor's Degree and 9 years experience in US at the time I got hired, which was 3 years ago, so my company filed for GC under EB3 Category. Now I'm about to graduate my Master's in April and there are few job opportunities at the company which requires Master's degree at the minimum and I'm a good fit for these requirements. I also want to use this opportunity to convert my EB3 to EB2, but the confusion is when should I apply for this job. Should I wait for the completion of my degree to apply for this job or can I go ahead and start the process but make sure to get hired after the completion of my Master's degree. The hiring department likes my skill set and is ready to work with me on this and a normal hiring process would take 8 - 10 weeks even if it's internal. I wanted to make sure to get the job and not miss the opportunity.

All other conditions are satisfied of course, 51% different requirements, have enough experience before joining the current company.

Can someone please advice? There are not lot of folks who know the answer for this and I'm getting conflicting answers.

Thanks!

[catx]

It is my understanding that you need to have the Masters degree before being 'hired' for the new job for it to apply towards immigration filings. Otherwise, the job requirements of needing a Masters degree would not be applicable,and if the employer then used that criteria during the recruitment for the new EB2 PERM labor certification application it could cause problems (e.g. job requires a Masters degree in recruitment, but the foreign worker did not have a Masters degree when they got the job).

[kala403]

Hi All,

I currently have Perm and I-140 approved under EB3 though my employer, but it seems like it'll take another 20 years for it to be current. I had 4 year Bachelor's Degree and 9 years experience in US at the time I got hired, which was 3 years ago, so my company filed for GC under EB3 Category. Now I'm about to graduate my Master's in April and there are few job opportunities at the company which requires Master's degree at the minimum and I'm a good fit for these requirements. I also want to use this opportunity to convert my EB3 to EB2, but the confusion is when should I apply for this job. Should I wait for the completion of my degree to apply for this job or can I go ahead and start the process but make sure to get hired after the completion of my Master's degree. The hiring department likes my skill set and is ready to work with me on this and a normal hiring process would take 8 - 10 weeks even if it's internal. I wanted to make sure to get the job and not miss the opportunity.

All other conditions are satisfied of course, 51% different requirements, have enough experience before joining the current company.

Can someone please advice? There are not lot of folks who know the answer for this and I'm getting conflicting answers.

Thanks!

Also make sure join the new position just not only when you finish your courses for MS but you actually get the dated degree. Sometime just finishing the course is not enough. The count begins when your certificate is dated!!!!

[bafflingrain]

Thanks Folks. I just confirmed with my company's attorney that I can accept the offer as long my start date is after my graduation. So EB2 could still be possible....