Applying H1--getting masters in MayPlease help me!!

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bhanu18

Registered Users (C)
Hi, I'm graduating in May 2005 with Masters degree.
Currently I'm working on CPT. then after graduation I'l be working on OPT. My company is sponsering me a H1.
But Itseems it may take 8 weeks for my degree to come from the graduation day. And I need the degree for apllying H1. Please advice me,, I want to do it as soon as the first day for applying starts (April 1st 2005).

But by the time my degree come it would be july. I'm concerned about the CAP.
Please advice, If I can apply H1 wwith Bachelors degree or put in a letter from University that my degree certificate is expected by July.
I really dont know what to do.

Thanks,
 
You don't need a Masters for H1. Your BS should be fine. No problem at all for H1.

HOWEVER:

If you start your job officially before you complete your MS, then your company cannot claim minimum job requirement as Masters on your LC. Consequently, you will be in immigrant category EB3. As EB3 numbers will regress, it will be extremely unwise to come to EB3 if you could have qualified for EB2.

There is a chance your H1B could say BS, and your LC could say MS, but this might be a problem. There's no direct relation between H1B application and LC application, but it's hard to predict BCIS.

I was in your situation many years ago. I decided that I wouldn't be applying for permanent residency and went ahead and joined my job without completing my MS. I finished it a year after joining. Plans change. Now I'm an applicant for permanent residency and in lot of trouble.

I think if you join work a few weeks before graduating, it's fine. But I'm concerened that you are already working on CPT. I suggest you make paperwork show that you started on a new job, afresh, and you had a MS before (or got it in a few weeks aftewards) joining this job.

So in summary, I think if your lawyer says it's OK to say your job requirement is a MS, based on a letter from school showing that you have finished all degree requriements, then you should go this route. Be warned that BCIS may send a RFE.

If your lawyer can clearly verify that there's no connection between H1B job requirements and LC job requriements, it may not be an issue for you.

~T
 
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I dont know what is EB2, EB3 and LC.

Could you please expalin.

How about If I say I'm working as an intern in the company before graduation, and continue to work with MS degree after graduation. Does this make sense?
Please advice

Thanks,
 
bhanu18 said:
I dont know what is EB2, EB3 and LC.

Could you please expalin.

How about If I say I'm working as an intern in the company before graduation, and continue to work with MS degree after graduation. Does this make sense?
Please advice

EB2, EB3 and LC. all for green card purpose only. You can do youe green card once you get your MS, but you continue to work on H1 with your BS degree.
Again, if your (future) job requirement does not require a MS degree than you will go to EB3 only.
Thanks,
Click to expand...
 
What if I a get a job in future with MS degree?

What about H1 then? Should the H1 be newly applied again.

Will there be a problem with green card if I work with my Bs degree but have an MS degree?

Please advice, I really have no clue about the immigration stuff.
 
bhanu18 said:
What if I a get a job in future with MS degree?

What about H1 then? Should the H1 be newly applied again.

Will there be a problem with green card if I work with my Bs degree but have an MS degree?

Please advice, I really have no clue about the immigration stuff.

For most of the H1, BS degree is more than sufficient.

For Green Card, Unless your job require MS in particular e.g. Senior System Analyst & Programmer, Scientist etc (refer State work Force agency book let, they have definition for each job title/and min qualification).
Having MS and doing BS job is not a problem.
E.g. For H1 you can work as "programmer" with BS qualification, for Green card you can apply as "Sr System Architect or Project Manager" with MS qualification which come under EB2 Category.
Click to expand...
 
bhanu, go to immipost.com, they have good info there about EB, LC, GC etc. Read my post carefully, if you don't understand the issue i'm pointing out, talk to a lawyer. you most certainly don't want to get into a position where your lawyers cannot claim the minimum requirement for your job is a MS in future.
 
Good news for the guys with MS degree from US Universities. House just passed the bill of additional 20,000 H-1 visas for foreign students with advanced degress. It has to pass the senate and president Bush has to sign it. It looks like a done deal.
 
Is it true that the students with masters degree have 20,000 h1 visas reserved? Thats a great great news!!!!! Thanks a lot.

So can I apply for my H1 when I get my degree in July next year (2005). It wont be a problem right. Do you think I should be able to make it?
 
bhanu18 said:
Is it true that the students with masters degree have 20,000 h1 visas reserved? Thats a great great news!!!!! Thanks a lot.

So can I apply for my H1 when I get my degree in July next year (2005). It wont be a problem right. Do you think I should be able to make it?
Click to expand...

Yep, you can make it, just follow the news until it becomes a law. I think you have plenty of time.
 
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