View Full Version : Same position - Got Masters - EB2 instead of EB3 Green card filing

07-23-2013, 03:03 PM
I am from Pakistan and am working for a tech company. I joined the company in August 2012. I had a bachelors degree and I had one class left for my Masters degree. My job offer letter had a contingency that said that even though I'm joining the company in August, I need to finish my Masters degree by December 2012.

I did get my Masters degree in December but now the company lawyers are saying I need a different position to qualify for EB2. My manager said it would be impossible to change the position title. However, we are able to change the job roles without any problems. If I changed just the job roles by 60-70% and not the title would I be able to qualify for EB2?

Does the fact that the offer letter has the Masters contingency help at all? My company lawyers have proven in the past that they care more about reducing the amount of work they need to do rather than do what's better. They say it doesn't matter at all, but I thought I'd ask in this forum just to make sure.

I haven't filed PERM yet for EB3.

07-23-2013, 03:14 PM
It looks like the lawyer is the problem and not your company. If they even hint about firing the lawyer, the lawyer will agree to do EB2. He is just trapping you into technicalities and complex things. Both EB2 and EB3 have same amount of work to do. It is not the title that matters. It is labor department job code. You can yourself go and look it up what meets you and if it fits EB2. You have now masters degree and that is all that matters. Whatever your current title you can just file in that job code as long as that job code needs a masters degree. If your lawyer does not have much knowledge have your boss find a new lawyer to advice.