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Please help me out!!! Really appreciated!

My employer filed EB2 for me with Labor Certificate. The LC was approved after waiting for 2 years and we filed I-140 soon after. I received my masters degree, which was stated as one of the minimum requirements in job advertisement, after the filing date of LC due to delayed final defense.

Now I got a RFE from Nebraska Service Center for evidence of obtaining degree before the filing date of LC. Im thinking of getting a letter from my supervisor in school to show that I was qualified for the degree and had finished almost all the requirements except the final presentation. Will this help?

Anyone encountered similar situation as me? Any suggestions? What other documentation can be helpful? Is there any hope for my case?

Thanks in a bunch!

Please help me out!!! Really appreciated!

My employer filed EB2 for me with Labor Certificate. The LC was approved after waiting for 2 years and we filed I-140 soon after. I received my masters degree, which was stated as one of the minimum requirements in job advertisement, after the filing date of LC due to delayed final defense.

Now I got a RFE from Nebraska Service Center for evidence of obtaining degree before the filing date of LC. Im thinking of getting a letter from my supervisor in school to show that I was qualified for the degree and had finished almost all the requirements except the final presentation. Will this help?

Anyone encountered similar situation as me? Any suggestions? What other documentation can be helpful? Is there any hope for my case?

Thanks in a bunch! Dear Bluemoon:
I had a similar situation as yours. My case was denied without even RFE because the printed degree grant date was after the LC filing date. However, I did finish all degree requirements before the filing date. So at least , you are luckier than me. You got the RFE. As I understand it, in the pre-PERM time, they recognize the date on which you finish all degree requirement as the degree granting date. In the post-PERM time, there are some confusions just as my case. I filed the appeal after the denial and its still pending. So I dont have a solid answer regarding to this date. Since your LC is not filed under PERM. The pre-PERM rule should apply to you. However, I doubt whether you can make the argument by saying "I was qualified for the degree and had finished almost all the requirements except the final presentation". As I understand it, you should present a letter clearly saying you have finished "all" the requirements. I think you need to consult a lawyer regarding to this issue. Be careful with it. Good luck.

snowyday

Thank you very much, Snowyday! At least I know Im not alone.

Thanks for the advice. Youre right, I need to pay much more attention on wording of the letter. Did you file under PERM or RIR? Did you mention the old rule in your appeal? I may state it in the cover letter as well. The lawyer from the company, whos in charge of my case, suggested me withdraw the case. But I dont want to give up.

Good luck to you too!

Thank you very much, Snowyday! At least I know Im not alone.

Thanks for the advice. Youre right, I need to pay much more attention on wording of the letter. Did you file under PERM or RIR? Did you mention the old rule in your appeal? I may state it in the cover letter as well. The lawyer from the company, whos in charge of my case, suggested me withdraw the case. But I dont want to give up.

Good luck to you too! Thanks, blueocean. I filed under PERM. Thats the main problem. I am trapped in the gray area between old and new rules. My appeal did emphasize that I had finished all the degree requirements before the PERM filing date. As a matter of fact, I did receive the printed diploma in mail before that date. My school just printed a later date on the diploma. Only God knew why they would print a later date. I dont know whether anyone has the similar odd situation like me

Here is the quote from a lawyer I have consulted. "We have submitted cases showing that the degree requirements were met and have had them approved--when we do this we include a letter from the Department Chair showing that the degree requirements were met on such and such a day OR, in the alternative, we put on the ETA “PhD (or completion of all requirements therefore)” to prepare for the I-140." There might be a case law regarding to this degree granting date issue. I also dont know whether the rule is different for a master degree. Your lawyer should know about it. Or consult a different lawyer.

Currently, DOL doesnt allow a new PERM application for the same employee and same position if there is already an approved PERM. I dont know about one approved RIR case and a new PERM. Your lawyer should also know this.

Anyway, I think getting that letter from your school is crutial.

Good luck.