H-1B Petition with Bachelor’s Degree and Pending Master’s Degree

Raghuram Sukumar H1B Visa 5 Comments

Do you know why questions related to H-1B Visa petition pose so many problems?

This is because every person have unique and, at times, strange situation. Here is one such example:

Question: Hi! I’m in a strange situation. I’m currently working on my post completion OPT (expires on October 2009) in a very good and established company.

My employer filed an H-1B for me under bachelor’s degree, regular processing. But the main problem is, I haven’t graduated ’till now, as my master’s degree Thesis is undone.

So now, I don’t know whether there will be any problems with my H-1B. My employer has no problem with the degree. I’m worried though, whether any query from USCIS will be made regarding my master’s degree.

H-1B Petition with Bachelor’s Degree

Usually, companies do submit their H-1B visa petitions using the applicants’ bachelor’s degrees when the master’s degrees are pending.

Some attorneys do apply under the Advanced Degree Cap while most of the coursework is complete and only student’s thesis is pending.

Since your H-1B petition is submitted using your bachelor’s degree, so there shouldn’t be any problem in USCIS approving the petition.

If all the required documents were submitted and the USCIS doesn’t red-flag any documents, company and projects, your approval should push through.

However, there can be so many other factors that USCIS will take into account regarding your approval. Just basing on your comment above, you will not get any query.

If your immigration attorney has said that you are in the process of completing your master’s degree in your application, that adds value and strength to your petition.

At the end of the day, if you still remain unsure, you should talk your attorney and clarify your situation.

Comments

  1. 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!!!

  2. 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.

    1. 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.

  3. I am currently doing my Master’s course in Germany. I am from India. I would like to do an Internship in the US followed by a PhD. since I have been staying out of the country for so long, will it pose any problems for Visa Application?

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