Filing under EB2 before completing Masters

[nirajnp]

Hi,

I am in a strange situation and need some answers.

July 2002 - Came on F1

May 2004 - Got job offer (without completing my Masters thesis ) - used my CPT

Feb 2005 - Got another job offer from Company C1 who sponsored my H1 with Bachelors degree (as I didnot have my masters completed till then)

Apr 2006 - Switched H1 to Company C2 ( Still filed for H1 with Bachelors degree as I didnot have my masters completed)

My question is, I am still with this company C2 and I will be defending my masters thesis and graduating in May 2007...Will I be eligible to file for GC under EB2 category ?? Some people say that since at the time of joining with company C2 I didnot have my masters degree I cannot file under EB2 category. How true is that ??

Will switching to another company work ...I mean if I join as a Masters with some other company C3. ?? To be honest, I dont want to leave my current employer as I am very happy with my job out here. But if there is no other alternative I might go for it...but still...any suggestions ??

Please help..

Thanks in Advance,
N

[glus]

One must posses required training and experience AT THE TIME labor certification is filed. Many people think they can start PERM while doing Masters and once they receive Masters, their I140 will be processed as EB2. This is a mistake many have made. Remember that on PERM stage, the DOL will not check if you have the required training and experience. When you file for I140, USCIS will surely make sure to check if you were qualified AT THE TIme labor certification was filed.
You can do EB2 if at the time of filing PERM you had either B.S. + 5 years post B.S extensive experience, or at the time you filed PERM you had a Masters degree.
When you joined the company is not marginal. What is important is the job offer that needs to require Masters or B.S + 5 years of experience. This is a 'future employment' offer. So you can join the company, receive a Masters and right after you receive Masters, if the company is willing to go so, they can start PERM. The timing of your joining you company is not tied to PERM filing.
Botton line: you have to qualify for EB2 at the time PERM is filed.

[svsign]

<i>One must posses required training and experience AT THE TIME labor certification is filed.</i>

If it is true then I feel like a dumbo who shifted jobs to give myself a better chance with EB2 :P

The argument against this being, the company could have hired an American holding a bachelor's degree and he too could have obtained his master's in the due course. In some respects shows that a bachelor's degree was sufficient to hire the person to do the job competently, so why would the company suddenly require a master's when applying for a GC? (Also I was told that DoL hates promotions)

But as always please check with an attorney, go by whatever s/her says.

[nirajnp]

Glus, Thanks for your reply...

That makes me think of another question...if my employer is willing to create a senior position/ offer promotion for me and I wish to take that up after I complete my masters in May 2007...Will I be in a good position to apply under EB2 category ??

Anybody has any experience in a situation like this ??? That is - The employer created a Senior position for you after you joined them and filed under EB2 cateogry - Did they get any RFEs related to that and if yes then what were their concerns...

Thanks in advance,
- N