Applying for H1B but Pending Graduation

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kruz_patz

Registered Users (C)
Hello there,

If any guru/experts out there can please answer this question, would be a great help to me or any similar candidates.

Que: Taking my personal case as an example.

I am graduating in May 2008. I will get a degree certificate after my graduation in May 2008. I will be completely done with my oral exams and all coursework OR in other words all requirements for graduation, by the end of this Dec 2007. Meahwhile, at the same time on 1st April, 2008 my employer is going to apply for my H1B (in 20K quota based on MS or Phd degree of US).

Question is : Is it a risk to apply while the degree certificate is pending?
Can I take a letter from university stating that I've met all requirements for graduation on or before 31st Dec 2007 and already applied for graduation and waiting for the degree certificate.

Please give your opinoin. There's no boudary of your advise limit.

Thanks to all.
 
I'm not sure what risk you refer to. Here are a couple of considerations:

1. The company will petition for your H-1B for a specific start date. This can be right after you graduate, for instance.

2. Being on H-1B does not prevent you from studying or getting a degree. It only requires you to work for your company at the same time. I've been a degree seeking candidate for two years while I worked on H-1B.

3. You could explore the option of applying for OPT, this will give you a one year grace period to get your H-1B in order. You can even consider applying for OPT/CPT earlier since you would have completed all course work by December, if you want an early start with this company. (I believe full time practical training is an option for master's candidates who have completed all course work.) Then again, you could also apply for an early H-1B.
 
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Ok, let me try again. So then I assume you're not concerned about remaining in status, but you're applying for a job where the LCA would require an MS or PhD you don't have yet, did I understand correctly now? Sounds risky to me. I know someone who applied for H-1B and all he was missing was a signature on his thesis and therefore didn't graduate on time, and the LCA had to be based on his BS degree instead. However, in your case you state you will have fulfilled all degree requirements.

You may want to check into the timing of your degree being awared in May vs. the company being able to petition for a future start date. I don't know if technically you're supposed to have your degree before the start date or by the time of LCA filing. (My guess would be LCA filing, because it has to be posted for 10 days, etc.) If you present a letter stating you've fulfilled all requirements and applied for graduation, you may want to check if this affects your continuation of F-1 status.

What would be the downside of getting an OPT and adjusting to H-1B later, after you graduate? Is it because of availability of visa numbers? How about starting OPT after you graduate, be on OPT for a year and apply for H-1B the following year?
 
Ok now the question is if I apply for H1B on 1st April 2008 and If I'm graduating in May 2008, than is it risky to apply for H1? Can I apply or take a risk to apply for H1b on the basis of the later from the university which says that i have fullfilled all the requirements for the course work and also applied for graduation for spring 2008. I'll be getting degree certificate after my graduation. But this letter from dean of graduate school serves the purpose of 'Provisional Degree'.

I can graduate in Dec 2007. (this year). But the only reason I don't want to do that is because I am going to India on 24th nov to 26th Jan. If I apply for graduation and If my opt is pending there are chances of gettin deported back while entering again on 26th jan in USA. Is it so?

Your reply will be very helpful to me this time.


Thanks
 
Alright my friend you ask some tough questions.

I found this thread where the topic is discussed, but notice the person had not fulfilled their degree requirements. I also found this on murthy.com:

Is the Diploma Required to File for H1B?

Many students try to change from student status to H1B. Since H1Bs require that one have a bachelor's degree or above (or equivalent), the question was asked whether it is enough to complete the degree or is the actual paper diploma required. There is sometimes a delay between degree completion and graduation / receipt of the physical diploma. With the H1B cap issues faced by many new graduates, the need to avoid delay in H1B filing is vital.

The NSC responded that it should be sufficient to simply submit a letter from the university stating that all degree requirements have been completed. They also recommend submitting transcripts, whether or not the diploma has been received, as they reflect the actual course work completed.

Now, your question is more specific, essentially are you able to file under the advance degree quota after fulfilling all degree requirements but before you have been awarded the degree. I didn't find an answer for this and it would be an excellent question for your sponsoring company's lawyer.

About traveling while OPT is pending, this US ICE FAQ says yes you can re-enter. This document (I'm not sure when it was written and if still current) explains if you receive the receipt notice for OPT, you can travel with it. However, it says you need an employer letter if the OPT has been approved and you need to be in possession of your card.

There's actually a lot of info on the web about travel while OPT is pending, for instance here and here. They all basically say it's possible, with receipt notice or EAD/employer letter after approval. I think you should discuss it with an immigration advisor at your university and have a good plan what you'll do if OPT gets approved while you're gone.

Why do you have to travel for two months during the semester?
 
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I will be actually done with everything in University by the end of this OCT, and this dec I am getting married in india and so want to spend 2 months of time with family........that's all.
 
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