Perm before obtaining physical degree (MBA in US)

[vidjay2001]

I am B.com (3Yrs) + M.com (2yrs) from India with 5 yrs of IT experience before joining company A.

My I-140 denied for EB2 in com A. Good thing,I am doing MBA currently with a state university in California.

I have completed all my courses except one final comprehensive exam which I am hoping to complete by Nov 2011, then apply for graduation to graduate in Winter 2012.

My H1 completes on May 2013. I want to use my MBA to get into EB2. Can I apply for PERM without the actual diploma (but may be with a letter from my graduate advisor) in Nov 2011. If yes when would I need the actual diploma? Will that be enough to have the actual diploma when the company applies for I-140?

If I am getting another employer (future employer) to apply for a new perm using MBA as the above option, at what stage I should join that employer?

My PD is current because my wife is born in Singapore.

[prajarajyam]

Your case is complicated, you need to get a professional help.

[Attorney_9]

If a degree is required for a Labor Certification position, then you must be able to demomstrate that the degree was awarded, not merely the requirements completed, before the filing of the labor certification.

It would be wise for you and your employer to speak with a competent immigration attorney who has the opportunity to review all relevant information and documentation in order to assist you and your employer in developing a strategy to move forward.