H1 Cap and Degree verification

S

sesh

New Member
Hi,
I am in a very tricky situation. I completed an MS from university A and enrolled in a phd program at B. I recenty found a job and decided to quit the phd program. My employer has filed for H1 premium processing sometime in Jan 2004 but got a reply from INS asking for more documents. The documents asked for are:
1. Legal status verification during summer 2003
2. MS degree
3. current legal status verification
So, I sent all the docs to my employer regarding legal status BUT the MS degree. He sent those documents to INS a week ago.
I have not graduated (I dont have the degree yet) from university A yet because of a technical issue and I will be graduating in June 2004. However, I could get a letter from A saying that such-n-such candidate has completed everything for an MS and will be graduating in June 2004. This letter, I gave my employer and he will be sending it to INS in a couple of days.

I have couple of questions about the outcomes:

1. Is it true that some 50000 H1s are already approved?
My situation looks like would take atleast 1 week from now for INS to reach all the documents. What do you think my chances are for getting approved regarding
H1 cap.
2. I dont have a very good relationship with my advisor in my program at B and is becoming increasing painful for me to continue at B.
Is there a way I can take a break and wait on H1 or more importantly would that be a wise thing to do?

Your reply/suggestion would be much appreciated.
 
1) No one knows. By Dec 31, 43,500 visas "could be counted" against the cap. That includes approved ones plus ones that could be approved (but some could be rejected if not found appovable).

Did you send in your transcripts? You could have sent that statment stating you completed all requirements for an MS. If the job description mentions an MS is necessary, then this could raise an issue.


2) Depends, again no one can advise. Looks like you have just started your PhD and already you are at odds with your adviser! PhD is a long process and one must like the adviser. At least try to find a co-adviser to compensate etc. Perhaps wait until the H1B is adjudicated before you do anything.
 
Based on what I just read, and reading between the lines and a bit of educated guessing I believe that they will process all cases filed on or before a certain date that will be announced.

I'm guessing though so don't hold me to it.
 
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