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riti_s
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Posted on 05-01-12 1:53
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Here goes my story..
I joined a company 'A' after my 4 year Bachelor degree from US. I am working there since 2 years. I am finishing my Masters degree, where my company 'A' is paying for it.
I want to file EB2 with my current company 'A', after my master degree.
I heard is if the employer pays for the tuition, one cannot file EB2 from the same employer.
So what are my options?
Please suggest.
Thank you.
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jhilkeJetho
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Posted on 05-01-12 2:08
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you can file under EB2 category but you can't show your same employer's experience unless the GC sponsor jobs duties has more than 50% different of the current job which job you are showing as a experience.
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riti_s
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Posted on 05-01-12 4:04
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I am not worried about experience. Say the job requires 0 years’ experience and Masters degree (which is enough for EB2).
I am worried about the education reimbursement that I got from the employer. How will it affect my GC process? Do I need to get new job title?
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jhilkeJetho
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Posted on 05-01-12 4:07
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yes you have to file for new job title.
If you show Master + 0 yrs experience then any Citizens/GC holders who has Masters degree in particular field can apply and take the job- means there is a point to get audit in your case if you show noone apply for the job.
Last edited: 01-May-12 04:08 PM
Last edited: 01-May-12 04:18 PM
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no_more_crush
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Posted on 05-01-12 5:08
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Couple of helpful info for you/other folks:
- The Department of Labor (DOL) does not allow PERM applicants to use experience gained at the PERM petitioning employer ( in your case its company "A")
- First, I would like to let you know that the minimum requirements for the PERM application are not based on your background. The PERM requirements - degree, years of experience and special skills - are determined by your manager based on what job requires. Thus, the company needs to assess if you possessed all of the PERM requirements before you joined the PERM petitioning employer. If you did not possess required degree, years of experience and special skills before joining PERM petitioning employer, they cannot file a PERM application for you.
- FYI: Generally , its (BS + 2-4 / MS + 1-2).
NOTE: These are concrete info that I have from my lawyer. I'd highly recommend you to consult w/ your lawyer based on the above inputs.
~GoodLuck
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