Regarding H1B Application in 'Masters Quota' before Graduation ?

S

sankars

New Member
Hi,
I am doing my MS with Thesis Option. I have already completed the 30 credits required for masters and the transcripts shows that up clearly. However, as I have not completed my Thesis, i have not yet graduated. I ll graduate in May 08. But can I apply for H1B in Masters Quota in April 2008 ?

Since I have completed more than 30 credits and that shows up in my transcript also, would it be legally possibly to file for H1 in Master's Quota in April 08 ( before my thesis completion) ? Could someone kindly let me know..

Thanks in advance
Sankar
 
A few days back I read a posting about a similar situation. In that case the sponsoring employer's lawyer was asking the University to produce reference letter indicating that the candidate is going to graduate. All depends on the employer and their lawyer.
 
I believe the candidate will need to have graduated at the time of submitting the H1 petition papers to USCIS. I am pretty positive this is still valid as I had gone thru the same .....

You cannot take advantage of the US Masters degree quota, when you have not officially graduated as per the Registrar's records at the time of filing the H1 petition.

It is NOT upto the discretion of the employer or employer's attorney to determine if you qualify for the 20k quota. The determination is made by USCIS and they look at the graduation date.

Please feel free to add your comments on this....
 
OPT expired last year. Can I file unders masters quota?

I am currently on H4 status. I have Masters degree from University of Oklahoma but my OPT expired last year.
Can I file under Advance degree quota as I have masters degree from USA?
Please advice me as I am very confused.
Any help in this matter is highly appreciated.
 
desi_munda said:
I am currently on H4 status. I have Masters degree from University of Oklahoma but my OPT expired last year.
Can I file under Advance degree quota as I have masters degree from USA?
Please advice me as I am very confused.
Any help in this matter is highly appreciated.
Click to expand...
Yes.
 
hi,

i have completed all my masters course work in mar 2008. i have a letter from the university which states that i completed all the course work and am an anticipated spring 2008 graduate. i am getting my degree conferred on april 20, 2008.

am i eligible for masters quota? pls help
 
vik30000 said:
hi,

i have completed all my masters course work in mar 2008. i have a letter from the university which states that i completed all the course work and am an anticipated spring 2008 graduate. i am getting my degree conferred on april 20, 2008.

am i eligible for masters quota? pls help
Click to expand...

I think it's risky to apply before you "actually" graduate. If you are a Spring 2008 grad, you are not considered a graduate on April 1st, the day your H1 petition is filed. I think the risk is higher than ever with this Letter of Course Completion cases.
 
desi_munda said:
I am currently on H4 status. I have Masters degree from University of Oklahoma but my OPT expired last year.
Can I file under Advance degree quota as I have masters degree from USA?
Please advice me as I am very confused.
Any help in this matter is highly appreciated.
Click to expand...

Yes, you are eligible as long as the advanced degree is from a US institution and the job requirements match your qualification.
 
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