****Obtained Advanced Degree In USA by attending college partime ***

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First, you cannot use a degree earned while working for a employer for immigration purposes, you have to have the degree prior to your employment. Second, as has been said innumerable times, it is the job requirements (e.g. education and experience) that determine the employment based (EB) category, not the employee's qualifications. Third, there is no such thing as "upgrading" from EB3 to EB2, it requires a completely new PERM labor certification application and I-140 petition.

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If someone is working for a company in one job and then earns a degree while working for the particular company, one might still be eligible for sponsorship by that existing employer if there is a different job that one has been found to qualify. It would be a good idea to consult with an experienced immigration attorney for such a case.

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