H-1B Petition with Bachelors Degree And Pending Masters Degree
By HSB
Do you know why questions related to H-1b Visa petition poses so many problems? Because every person have unique and strange situation. Here is one such example
Hi,
I’m in a strange situation. I’m currently working on my post completion OPT(expires on Oct-2009) in a very good and established company. My employer filed H-1B for me under bachelors degree, regular processing. But the main problem is, i haven’t graduated till now, as my Master’s degree Thesis is undone. So, now whether there will be any problem with my H-1B. My employer has no problem with the degree. I’m worried, whether any query from USCIS will be there regarding my master’s degree.
H-1B Petition with Bachelors Degree
Usually companies do submit H-1B Visa petition with Bachelors degree while Masters Degree is pending. Some attorneys do apply under Advanced Degree Cap while most of the coursework is complete and only Thesis is pending.
Since your H-1B petition is submitted using Bachelors degree and there shouldn’t be a problem in USCIS approving the petition. If all the required documents were submitted and they don’t doubt any documents, company and projects your approval should go through.
But, there can be so many other factors that USCIS will take into account about your approval. But, just with your comment, you will not get any query. If attorney has said you are in process of completing Masters degree in your application, that adds value to your petition. If you are still not sure, you should talk your attorney and clarify your situation.
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Hello,
I also filed H1B under general Bachelors quota, I planned to graduate in Aug 2009 but due to unavailibilty of my Professor, I might postpone to Dec 2009. Also my I-20 is expiring in Aug 21, 2009. currently I am on full time CPT. Suppose I get H1B so is it a problem or no to graduate in Dec 2009 with H1B approved and starting from Oct 1, 2009.
Hemil – Talk to your school’s International Office and explain to them about your H1B approval. If your H1B is approved, then your status will automatically change from F1 to H1B. You have to attend school in part time.
thanks very much Sir.
It has been 15 days since I sent USCIS the response to RFE. I think the RFE was for an updated form. How long does it take for USCIS to respond to my response to RFE?? My petition was filed under regular processing. Can it take months for them to respond? Will my status first change to ‘processing resumed’ or will they directly post a decision? Can they send more RFEs after this one? I am really nervous because I need to travel outside US (I am currently in US on OPT which expires end of June) in first week of July. Please respond!!!