Conditions to apply for H1B Master quota?

L

LEO_TX

Registered Users (C)
Hi,

My OPT starts August 7,2006 and expires August 6,2007. My new job starts August 7,2006 too. Immigration department at my workplace contacted me and they needed some documents to file for a new H1B visa. I will be graduating with a masters degree on August 5,2006. So, my employer said that since regular H1B has reached the cap and masters quota is still available thus they will file me under masters quota.

But, he added that they need a diploma, transcripts and if not diploma then atleast a letter from school saying that I "have" met all the requirements for Masters degree.

My questions is that

1) Is there such requirement that I can apply only "After" graduating with Masters degree and not during my last semester while I am left with only once class that I am taking currently?

2) If answer to above is yes, then is there any alternative that I can take because as estimated by other immigration departments at various workplaces, Masters quota will reach the cap by August too.

3) My OPT will expire August 6, 2007. If I unfortunately miss H1B this year then "Is there *ANY* rule/way/alternative so that I may keep working without a gap after my OPT expires and official date to start working on H1B(October 1, 2007) arrives"?

4) Can't my H1B be filed with a letter from school saying that I *Will be* graduating by the end of this semester? If not then are there any suggestions/comments on options I have in that case?

I really need some thoughts and suggestions over this. Your replies will be greatly appreciated.

Looking forward to hear from you all..

Thank you.
Best Regards.
 
Hi
You need to graduate to apply for Master's quota. You dont need to worry about what would happen next year.. you will have your H! in the next year's quota approved much earlier. and u have 60 days of stay in US so u dont have to worry.
One if my fried is waiting for his graduation also to apply for H1.
 
sridevi_vangala said:
Hi
You need to graduate to apply for Master's quota. You dont need to worry about what would happen next year.. you will have your H! in the next year's quota approved much earlier. and u have 60 days of stay in US so u dont have to worry.
One if my fried is waiting for his graduation also to apply for H1.
Click to expand...

Hi sridevi_vangala,

Thank you for replying.

But, catch is that I will start working from August 7,2006 on OPT and OPT expires August 6, 2007 and if employer files for my H1B next year (Just in case I miss it this year) then I can not start working until October 1, 2007. So, during this gap of August 7, 2007 to September 30, 2007, I can't work. So, officially out of work and will be on mercy of group/Company to let me work further.

My concern is to find a way to kill that gap and find some alternative so that it may become a smooth ride. If I get H1B this year, I will be fine but if not then that 2 months of gap pops up and I am looking for everyone's views on "What should be done in this situation"?

Looking forward to your answers..more suggestions and views.

Thank you.
Best Regards.
 
Hi
I am in the same boat as you are. I already have a masters and right now I am in my PhD program. SO the company can file for my H1 with my master's degree.
The company did talk about H1 processing but they are somehow waiting on something. So if they dont do the H1B petition on time.. I will also have problems.

there are around 12K petitions left so dont worry and they are not filling as fast so we may be on the brighter side.

Hope this helps
 
Hi sridevi_vangala,

Thanks!! Yes that does work out.

I have made a few rough estimates. I don't know how accurate they will be but I believe it would be on the edge situation in August. I hope it works out for everyone.

Best Regards.
 
same problem

Can the Advanced Degree H1 holders start working before October 1st or they have to waite like regular H1s.
Please help
Thanks in advance
 
maxwell said:
Can the Advanced Degree H1 holders start working before October 1st or they have to waite like regular H1s.
Please help
Thanks in advance
Click to expand...
start date must be later than Oct 1 2006.
 
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