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  #1 (permalink)  
Old 08-27-2009, 04:15 PM
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tabaluja is on a distinguished road
Default Getting on EB-2 Issue w/ M.S.E.E

Hi

I am currently working for a semiconductor company and my start date with the current company is on 10/01/2007. I started of with my OPT and then I switched to H1-B on 10/01/2008. I have B.S.E.E (awarded on 06/12/2005) + M.S.E.E (awarded on 10/05/2007).

My manager, legal department and I are working on my PERM application for my green card. We are having a barrier in getting on EB-2 since my M.S.E.E was awarded 4 days after my start date with the company. We were suggested to get on EB-3 instead, but my manager and I refused to get on EB-3 since it will take a very long time to get the GC, plus I have the qualifications to get on EB-2.

Is it possible to still get on EB-2 in this case? Any suggestions in how to get around this? Any similar experience with suggestions and solutions, please advice.

Thanks,

Andrew

Last edited by tabaluja; 08-27-2009 at 04:27 PM. Reason: asking for advice/solution
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  #2 (permalink)  
Old 08-27-2009, 04:45 PM
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Originally Posted by tabaluja View Post
Hi

I am currently working for a semiconductor company and my start date with the current company is on 10/01/2007. I started of with my OPT and then I switched to H1-B on 10/01/2008. I have B.S.E.E (awarded on 06/12/2005) + M.S.E.E (awarded on 10/05/2007).

My manager, legal department and I are working on my PERM application for my green card. We are having a barrier in getting on EB-2 since my M.S.E.E was awarded 4 days after my start date with the company. We were suggested to get on EB-3 instead, but my manager and I refused to get on EB-3 since it will take a very long time to get the GC, plus I have the qualifications to get on EB-2.

Is it possible to still get on EB-2 in this case? Any suggestions in how to get around this? Any similar experience with suggestions and solutions, please advice.

Thanks,



Andrew
It should be ok. Only, the experience gained from sponsering employer can not be the requirement for LC. Not the education. However, you should meet all the education as well as experience requirements the date before filing LC.
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  #3 (permalink)  
Old 08-27-2009, 05:26 PM
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tabaluja is on a distinguished road
Default

Much thanks for the reply. How about the employment start date being early than when the M.S.E.E was awarded? The PERM would be disapproved to be on EB-2 since it was awarded later than the start date, wouldn't it? This was something pointed out by our lawyers.
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  #4 (permalink)  
Old 08-27-2009, 06:55 PM
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Default

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Originally Posted by tabaluja View Post
Hi

I am currently working for a semiconductor company and my start date with the current company is on 10/01/2007. I started of with my OPT and then I switched to H1-B on 10/01/2008. I have B.S.E.E (awarded on 06/12/2005) + M.S.E.E (awarded on 10/05/2007).

My manager, legal department and I are working on my PERM application for my green card. We are having a barrier in getting on EB-2 since my M.S.E.E was awarded 4 days after my start date with the company. We were suggested to get on EB-3 instead, but my manager and I refused to get on EB-3 since it will take a very long time to get the GC, plus I have the qualifications to get on EB-2.

Is it possible to still get on EB-2 in this case? Any suggestions in how to get around this? Any similar experience with suggestions and solutions, please advice.

Thanks,

Andrew
Firstly, its illegal to involve the beneficiary as part of the labor certification process. Secondly, it doesn't matter what qualifications you have. The job should require the necessary EB-2 criteria. In other words, job requirement dictates whether its a EB-2 or EB-3.
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  #5 (permalink)  
Old 08-27-2009, 06:58 PM
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Default Ms

You are hired because of MS on good faith. You graduate after you joined the company.
No problem.
GC is for future employment. Not the present one.
So when you file for PERM, you must have a MS degree. Thats it.
The job require a MS degree holder for EB2.

Another company also can file a GC (PERM) , while you are working with this company.
(hope you understand)

Quote:
Originally Posted by tabaluja View Post
Much thanks for the reply. How about the employment start date being early than when the M.S.E.E was awarded? The PERM would be disapproved to be on EB-2 since it was awarded later than the start date, wouldn't it? This was something pointed out by our lawyers.
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Proud to be Indian and American resident.
GREEN CARD APPROVED IN EB2
I am not a lawyer. This is my personal opinion.
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  #6 (permalink)  
Old 08-27-2009, 09:25 PM
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Default

Quote:
Originally Posted by tabaluja View Post
Much thanks for the reply. How about the employment start date being early than when the M.S.E.E was awarded? The PERM would be disapproved to be on EB-2 since it was awarded later than the start date, wouldn't it? This was something pointed out by our lawyers.
1.) when did ur semester end?
2.) when did ur OPT start?
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