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ghalib2009 · Mar 17, 2010, 05:40 PM

Hi,

Here is my situation. I have been in the United States for 12 years. I have a BS degree in Computer Science and was enrolled in MS program for Molecular Biology. For my masters I completed 2 years of coursework and even passed my comprehensive exams. I did not defend my thesis however... bad move I know... but now its too late.

I have been working since 2006 for a very reputed scientific organization. I am co-author on couple of very highly reputed scientific publications. Not the first author but I have made significant contributions.

I am currently on H1-B until 2012.

My employer is willing to sponsor.

My questions:

Do I qualify for EB2. Does the two years of MS education count even if I didn't get the degree?(I do have transcripts to prove all the coursework I took)?

Thanks:)

NYcityboy · Mar 18, 2010, 08:19 AM

If the position requires and you have the related underlying BS degree and five (5) years progressive experience, you would qualify for the EB-2 preference classification.

Remember, the petitioner must file the LC prior to the end of your 5th year of H-1B to make you eligible for extensions beyond the 6-year statutory max on the H-1B. It generally takes 4-6 months to prepare the LC for filing, so plan ahead.

I recommend that you consult with the company immigration attorney and get a second opinion from an experienced immigration attorney. Good luck.