Originally posted by Beelzibub
Is it possible that a student can get a H1b visa even before he completed his course ? I have a cousin who is offered a position and he has still three more months to complete his degree. Could he apply for his H1b?
Any suggestion would be most appreciated. Thank You.
LevT
Obtaining an H-1 requires that the employee must have a college degree relating to the work they will perform and the job must require such a degree.
To further elaborate, the position of a Software Engineer requires a degree in CS or EE. But the position of a commercial pilot requires no specific degree. Therefore, obtaining an H-1 for the position of a Software Engineer is possible, but NOT possible for the position of a pilot.
When a person has a degree in a field other than the one they wish to get employment (and H-1) in then they must in addition have three years of full time experience in the field. For instance, if a person has a 4-years Bachelors degree in Civil Engineering but they wish to get an H-1 visa for a job in Computer Industry as a software professional, they must be able to prove through letters from employers that they possess three years experience in software.
Please note, INS may insist that the underlying education should be related to the field in which work is sought.
When a person has less than a complete 4-year bachelors degree, then each year of college education that they are missing may be replaced by three years of relevant experience in the field in which they are seeking a job. For instance, if a person has a three years degree in Mechanical Engineering an they wish to obtain an H-1 visa, such a person must have three years of full time experience as a mechanical engineer in order to qualify as possessing the equivalent of a 4-year bachelors degree.
If a person has no degree but over 12 years of specialized experience, they may be able to qulify for H-1 on the basis of their experience. But this is highly unlikely.
The status of diplomas or other professional training is at best uncertain. A credntials evaluation service can be contacted to evaluate that.
If a license or other special exams are required to work as a professional in the employee's field, all such licenses must be obtained and exams must be cleared before an H-1 issue can be issued.
Regards.
