Master's Degree & H-1B

[sjc2]

Do you have to have the actual degree in hand at the time you filed for an Advanced Degree H-1B filing? We have heard mixed responses to the question. The degree was completed; however, we did not have an actual diploma, only a letter from the college stating that the individual was on track to graduate in 5/07. Any one know what the law says - does the final transcript/degree have to be received prior to the filing in 4/07 for a filing FY08? We know we got in under the cap but now we are being asked for evidence that the beneficiary has attained a US Master's degree "prior to teh filing of this petition". Any advice or direction?

 

[J_1_Holder]

Do you have to have the actual degree in hand at the time you filed for an Advanced Degree H-1B filing? We have heard mixed responses to the question. The degree was completed; however, we did not have an actual diploma, only a letter from the college stating that the individual was on track to graduate in 5/07. Any one know what the law says - does the final transcript/degree have to be received prior to the filing in 4/07 for a filing FY08? We know we got in under the cap but now we are being asked for evidence that the beneficiary has attained a US Master's degree "prior to teh filing of this petition". Any advice or direction?

The law says that one should have earned the degree prior to the filing of the petition. In the I-129 petition there is a box where it is asked if the foreign national holds a US advanced degree. I assume that box was checked and that is why you got a receipt number and that is why they are requesting more evidence.

Normally when a RFE is issued, the USCIS would approve the case if the document requested is adequately provided. So, it looks like you have to show that the degree was awarded prior to the filing of the petition. Alternatively, you can provide evidence that all degree requirements were met at the time of filing (eg letter from the registrar, or dean, or equivalent).