H1B while still in school

[ramoadi 0]

Hi all,

I am an F1 student, going for a MS degree in Computer Science, scheduled to graduate next year (2013).

I am working part-time in campus for 6 months as a software developer.

My previous education is in Law: I have a Bachelors degree in Law and a Masters Degree in Law, both from Romania.

My previous work experience: 3 years as a legal adviser.

Recently I have interviewed and got a full time position as a software developer. The job requirements were "Bachelors of Science/Masters of Science in Computer Science or a related field of study or equivalent work experience."

Will I be able to successfully apply for an H1B under this circumstances? Your help would be highly appreciated.

[aaron2020 11,651]

Hi all,

I am an F1 student, going for a MS degree in Computer Science, scheduled to graduate next year (2013).

I am working part-time in campus for 6 months as a software developer.

My previous education is in Law: I have a Bachelors degree in Law and a Masters Degree in Law, both from Romania.

My previous work experience: 3 years as a legal adviser.

Recently I have interviewed and got a full time position as a software developer. The job requirements were "Bachelors of Science/Masters of Science in Computer Science or a related field of study or equivalent work experience."

Will I be able to successfully apply for an H1B under this circumstances? Your help would be highly appreciated.

Since you have a Bachelors, your employer can file for the H1-b visa on your behalf. You cannot file for the H1-b on your own. Your employer must file for it. The employer usually will retain an attorney to file the H1-b petition on your behalf.

Your employer should hurry up to file for you. H1-b visas are capped at 65,000 for Fiscal Year 2013. USCIS will start accepting H1-b petitions on April 2, 2012. Once all 65,000 visas are allocated, an employer must wait for the following year to apply again for an H1-b visa. In some years, it takes only a few days to allocate all 65,0000 H1-b visas. For Fiscal Year 2012, it took just 7 months for those visas to be allocated because of the slow economy (fewer US employers seeking H1-b visas). If the economy improves, those 65,000 visas may be allocated faster this year.

[Harsh_77 718]

Company willing to hire you will have to ask their lawyer to file for your H1, during the time of the application if you are still in school it’s the chance the company is taking with no degree in hand.

Most of the time company lawyer would say that a min bach degree is required in the field of the job.

Without a degree you can give a shot.

[ramoadi 0]

Company willing to hire you will have to ask their lawyer to file for your H1, during the time of the application if you are still in school it’s the chance the company is taking with no degree in hand.

Most of the time company lawyer would say that a min bach degree is required in the field of the job.

Without a degree you can give a shot.

Thank you for you reply. The company is a non-profit, so the CAP doesn't apply. We are aware that the application will be made by the company's lawyer and this is not an issue either.

I was just trying to find out before hand if such an application could be successful.

Does anyone know any similar cases and their outcome?

[Boiler 45,784]

I am not sure why there would be a problem once you have Graduated?

[ramoadi 0]

I am not sure why there would be a problem once you have Graduated?

This is the problem. I will graduate and get the computer science degree next year only. The other degrees are in law and the job is a software developer. I don't know if I'm making myself clear

[Boiler 45,784]

Sounds like you are being a bit premature, would they keep the job open for that long?

[Harsh_77 718]

Thank you for you reply. The company is a non-profit, so the CAP doesn't apply. We are aware that the application will be made by the company's lawyer and this is not an issue either.

I was just trying to find out before hand if such an application could be successful.

Does anyone know any similar cases and their outcome?

I guess I was not clear on my previous response, when you are applying and your company lawyer is putting the documentation together they would ask for minimum Bach Degree.

Ask your potential employer would they file without degree?

As your previous degree cannot be used as they are not in alignment with your job. Also one of the requirement for H1b is to have a Bach Degree or in some cases equivalent experience.