H1B odd situation

[lostinthemire]

Dear Friends,

Thanks for mainting such an active forum.

I believe that I am in an odd situation.

I came to the US to study for my masters degree in August of 2000.
I had the thesis option and am yet to defend my work. There have been research issues and some major revamp work. So technically even though I have finished more than required course work, I have not finished my degree.

I started working in May of 2003 on H1B (my employer directly filed for H1B, so I never used my OPT).

I wish to travel to India sometime in November of 2004. I have been told that as I have not completed my Masters degree requirements, the consular officer may deny me a visa stamp.

However my H1B petition was filed on the basis of my undergraduate degree (which I completed from Mumbai University).

Can a consular officer reject a stamp based on non completion of a degree? If anyone has had a similar experience please post it here.

Many thanks,

LostInTheMire

 

[alren]

Ideally NO. And in the most circumstances, if you have enough to back you H1 petition it should not be a problem.

But it would again depend on the consular officer.

Other alternative is to have a quick trip to Mexico of Canada. You have quite a lot of time.

 

[lostinthemire]

H1B without MS Degree

Thanks for the reply.

Originally posted by alren

Other alternative is to have a quick trip to Mexico of Canada. You have quite a lot of time.

What is the likelihood that Canada and Mexico Consular officers will refuse the H1B stamp?

Is there any additional documentation (over and above the normal required for stamping) that will help my sorry cause?

Sorry to be so paranoid....but cant help!!

Thanks in advance.

 

[lostinthemire]

F1-H1 without degree completion

Dear Friends,
Has anyone of you been in my situation?
If yes please let me know of your experience.
I shall be very grateful for anywords of wisdom.
Thanks in advance

 

[blorean888]

I am no expert but here is my 2 cents -- read your LCA and the letter that your employer/attorney submitted with your H1B petition.. Check what the college requirement is for your job ? If it is undergarduate, i think you are ok.. If the requirement is a graduate degree, then you may have to finish your graduate degree.. Again, I am no expert.. Consult an attorney if you can

 

[lostinthemire]

Thanks blorean888 for your reply.

I am no expert but here is my 2 cents -- read your LCA and the letter that your employer/attorney submitted with your H1B petition.. Check what the college requirement is for your job ? If it is undergarduate, i think you are ok..

The requirement is undergraduate degree. So I think I am ok on that count. However my worry is whether the consular officer may ask as to why I didn’t complete the degree in 3 years, when it takes others 2 years? Did I always have the intention of not completing the degree? Have I violated any rules by coming to the US for education and not completing it yet (I am trying to finish it as I write this)?
Regards

LostinTheMire

 

[YnotCanada]

Thanks blorean888 for your reply.
The requirement is undergraduate degree. So I think I am ok on that count. However my worry is whether the consular officer may ask as to why I didn’t complete the degree in 3 years, when it takes others 2 years? Did I always have the intention of not completing the degree? Have I violated any rules by coming to the US for education and not completing it yet (I am trying to finish it as I write this)?
Regards
LostinTheMire

Hey man! Dont you worry!
I was in the same boat three years ago. I got my H1 based on undergrad deg. I got a letter from univ saying that I completed the required courses and got my H1.
Regarding H1-B stamping, at that time I used dropbox and got my H1. At that time, a prior H1 stamping in the same class was not a requirement for dropbox.
Anyway, you shouldnt have a problem attending the interview. You could always say that you want to gain practical experience and then go back to school to continue studies and do research(phD etc). I was prepared to say that if there was an interview.