Posted by: kalidasbhaisaab January 28, 2015
GC PERM Approval Time
Login in to Rate this Post:     0       ?        
No, I have not personally heard of any case where the applicant completed their Master’s during the employment because most of us applied only after our Master’s diploma. So I cannot claim anything here. Although, they say one can port the petition from EB3 to EB2 but I heard it is pretty difficult (and a lousy way to go for us – the ROW).
I read a similar thread in Trackitt but I could not paste the link here (you may search there) but the summary she mentioned was along the following line:
DOL may assess that a job (the one that you are doing in particular or something similar in the industry) does not necessarily require a Master’s, then it does not matter whether you have a Master’s or NOT - the company should have accepted candidates without a Master’s degree (in such cases, your Labor Certification might be approved under EB3 even though you have a Master’s and even though the Petitioner (ur company) had advertised the role with a Master’s degree requirement). So what Trackitt reader suggested is that one would be better off if the Company opens a completely different requisition that is not the same as your current Role but the one which specifically requires a Master’s (and that it passes DOL assessment for similar role in the industry), then since you are a successful applicant your petition should count (and it would not matter whether you completed your Master’s while you were working for them – think of it like you completed your Master’s to get hired for this new role that ur company requisitioned for). Of Course a good Attorney would easily know about how best to file for your Labor Certification to get you certified under EB2, but since we are just talking and sharing our (un-solicitated) opinions, in my best guess that Trackitt suggestion would work for you.
Bottom-line: *New Requisition w/ Master’s *You are a successful applicant *It does not matter whether you did your Master’s while you worked for them.

Read Full Discussion Thread for this article