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Old 06-20-2013, 12:14 AM
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aleisia is on a distinguished road
Default Do I have to have my advanced degree before starting to work to be EB2 eligible?

EB2 application: must have advanced degree before start to work?

Hi everyone,
This is my first time posting in this forum.

My situation is like this: I got a job offer from my future company after seeing a job post (I will call it "original job posting" hereafter) I'm going to report to my future company this Sep 2013, but I will only be able to get my PhD degree officially in Dec 2013 or Jan 2014. The reason is: there is one requirement from my university that "there is at least half a year between the preliminary exam and the final defense of PhD degree," that's why I have to wait till Nov or Dec 2013 to do my final defense. I'm not paid by the company to do my degree, I finish everything full time on campus, not part time. Anything I will learn or do during my future work in the company will not be part of my PhD work, so it will not be on-the-job experience.

When I will apply for greencard in the future, the company needs to apply PERM for me, and the company needs to start advertising again just to show that I'm the unique fitness to this job. I will call the job posting this time as "new job posting" hereafter.

Now, what confuses me is this: can I use my PhD degree for Greencard application?

I heard someone saying that if I don't have the degree completed before working in a company, and if you want to use that degree to go through EB2 channel, you cannot do that, because at the time you start working, you don't officially have your degree.

Some others say that, since when you apply for the Greencard, you will have your degree completed. Even if you stay in the same company and in the "new job posting" they require PhD degree, it is OK because you have the degree then. By then, I mean the time the "new job posting" is released. So there is no problem.

Some say that if you stay in the same company and get the degree while working in the company, if you make the "new job posting" at least 50% different from the "original job posting," then you can put the PhD degree on the "new job posting" as one requirement.

I'm really confused by this, anyone with similar experience? please share with me~

I guess to me, the thing I want to find out most is can I or can I not use my PhD degree for my greencard application. In other words, can my company list "PhD degree" as one requirement in the "new job posting"?

Which job posting counts as THE job posting? The original one or the new one? Or both? Do I have to send both to USCIS?

Thanks in advance!
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