With regards to the Advanced Degree H-1B filings, does the degree have to be obtained (all classes taken and/or diploma awarded) prior to the submission date or prior to H-1B effective date (10/1). In particular, we have a case where we have made an offer to a candidate that just wrapped up her master's degree in May. We filed premium processing back in April and received a receipt notice that we got in under the cap. USCIS is now requesting further documentation to prove that she has received her degree - the paperwork indicates that the advanced degree must be received prior to filing the of the actual petition. At the time of filing the petition, we provided transcripts that indicated a expected graduation date in May but we did not have a copy of the actual diploma at the time. We figured that we would be asked for to provide further documentation regarding her completion of the degree and felt that we could easily provide that in the allotted time. With the document we just received, we are now wondering if we can actually plan on having her work for us long term. Our current immigration attorney feels that this is incorrect and has indicated that this is probably a stall-tactic since they were unable to meet the premium processing deadline but we are concerned because this is an actual document that appears to be standard for all cases that need information re-submitted. Your thoughts - do you know what the actual law states or can you direct me to a place where I can find my answer?
Advanced Degree H-1B
- Thread starter sjc2
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