Problem with USCIS's request for additional evidence: must have graduated on APRIL 2?

[h1bman]

Hey guys,
So my petition was chosen for processing, and I paid them 1000 bucks to speed it up. I've been waiting around for so long, lost so much money and sweat, and now they give me this crap:

"You must provide a letter from your registrar which states that you have completed all course requirement as of April 2."

What bullsht! They have a copy of my degree in their hands, they know I am now eligible, and they goshdarn know well that everybody had to apply on April 2 to even be considered. Who the f graduate that early? I had to send my diploma and transcript separately in May, long after April 2.

I figure that this must be a problem to all of you who are college graduates. Well, what do you guys plan to do? I'm trying to work with my registrar to word around it and basically find a way to lie. I can't believe if I can't get my job because of this bullsht. The USCIS director should be shot in the eyes.
Let me know what you think.

[princesskate]

Originally Posted by h1bman

Hey guys,
So my petition was chosen for processing, and I paid them 1000 bucks to speed it up. I've been waiting around for so long, lost so much money and sweat, and now they give me this crap:

"You must provide a letter from your registrar which states that you have completed all course requirement as of April 2."

What bullsht! They have a copy of my degree in their hands, they know I am now eligible, and they goshdarn know well that everybody had to apply on April 2 to even be considered. Who the f graduate that early? I had to send my diploma and transcript separately in May, long after April 2.

I figure that this must be a problem to all of you who are college graduates. Well, what do you guys plan to do? I'm trying to work with my registrar to word around it and basically find a way to lie. I can't believe if I can't get my job because of this bullsht. The USCIS director should be shot in the eyes.
Let me know what you think.

Did you apply for the 1-year OPT? Usually people apply for OPT before they apply for H-1, so by the time they apply for H-1 they should have already received their degree the year earlier.

[princesskate]

In fact I'm getting confused. You said you just graduated in May, so I assume you're in F-1 status now without OPT. Most recent graduates get their OPT first, then apply for H-1 the year after. I don't understand how you accepted a job offer without an EAD.

[h1bman]

Hi,

Yes I do have OPT, I have to have it to work until this October, when H-1B takes effect, as you all know. But as you also know, companies don't want us if we don't get H1B. They don't want to risk hiring me now and have to replace me months/a year later if I fail to get the H-1B. So even though I have the OPT, this company would not have me start if I don't get it this year.

So, yes, we applied for 2008 H-1B even though I just graduated. And because of the visa rush, we had to file in April before I graduated, we thought as long as we send in the diploma a bit later, which we did, it would be alright. But it's not. All I need now is a letter stating that I completed my requirements on April 2, and they'll let me through. That is all I need, for John's sake!

Now, anybody on the same boat? Share with me, what are you doing about it?

[McBull]

First it does not make sense to ask MS degree for H1B petition. One of my friend changed his status from F1 to H1B long before getting MS degree.

Lets say, USCIS asked in your case solely on the basis of "MS Quota" requirements, then your employer/attorney can always argue that the H1B start date is Oct 2007. I'm sure there is a way to get around this problem.

Most people try to complete course requirements a semeser before the graduation and enroll in "Matriculation Contd." in the last semester. Just checking, if this applies to you.

Good Luck.