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  1. #1
    Join Date
    Dec 2006
    Posts
    20

    Default H1 Based on OPT with No Graduation

    Considering I was graduating, I filed application for OPT last semester. However, my advisor delayed my defense one more quarter. Meanwhile I received my OPT. I have also accepted a job and they were waiting for my graduation.

    Now my advisor has found some problems with my dissertation and is not convinced that I should graduate this quarter either. In that case, I would go ahead and start my job and come back later for my defense.

    My question is:

    If I join the company before graduation (hoping they have no objection), would they be able to file for H1 in april for me in case I don't graduate by that time. Or do I need to graduate in order to file for H1?

  2. #2
    Join Date
    Dec 2006
    Posts
    20

    Default Re: H1 based on OPT with no graduation

    And yes, this is my PhD degree. I did my masters in US but did not apply for OPT before I started my PhD program. Thanks.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1 based on OPT with no graduation

    I have no way of knowing if you will qualify for this position without your Ph.D., such that you would still qualify for an H1B. This is something your prospective employer's immigration lawyer may be able to answer.

  4. #4
    Join Date
    Dec 2006
    Posts
    20

    Default Re: H1 Based on OPT with No Graduation

    Thanks for your reply.

    If my employer has no objection, would Immigration office issuing H1B object? I mean, I already have masters degree from States.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1 Based on OPT with No Graduation

    If that is sufficient to satisfy the labor certification, then it shouldn't be a problem. If the labor certification is based on a shortage of available Ph.D.'s, it may not be sufficient to be ABD.

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