Is EB2 possible if MS is received after joining the employer who is filing GC?

[hp2141]

Hello,

Please Please help. Here is my scenario. I want to know what my employer is replying is law by USCIS or they are coming up with their own policy.

I am working with current employer on H1B since June 2011. However when I joined I was about to finish MS and I got degree awarded in August 2011 which is 3 months after joining this employer.
Now, I am being offered a new role within company which is >50% different than current role so 2 years of experience with this employer can be used towards job requirement.
Here is my question
1) If I stay in current role which also requires minimum MS, can they still file EB2 since I got degree after I joined?
2) If I take new role, where they can count 2 years of experience within the company, can EB2 be filed even though I got MS degree after joining this employer?

APPRECIATE ANY RESPONSE. I NEED TO DECIDE TO TAKE ANOTHER OPPORTUNITY WITH OTHER EMPLOYER BY NEXT WEEK.
THANKS!

[kabkaba]

It is not a straightforward answer. It is not impossible, but it is difficult. Generally, the petition is filed for the job that you were initially hired for. If that job required the appropriate MS degree and you didn't have it at that time, why did they hire you in the first place? The petition can be filed for a different job, but the employer will have to show how that different job is significantly different from your initial job.