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  1. #1
    Join Date
    Oct 2008
    Posts
    7

    Default H-1 Application and Graduation Date

    Hi ,
    I am a grad student and expect to defend my thesis in February, 2009. I have already applied for POST OPT (I-765) to work after my defense date. I am almost secured a job offer from March and they agreed to pursue my H-1 application in March 2009.

    In order to apply for H-1 visa, do I have to have the original diploma which I will get in May, 2009 or later (After Spring graduation) ? Is an official transcript or the department letter enough to apply for H-1?

    Can any one help me on this?

    Ben

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H-1 Application and Graduation Date

    The first question is whether you are seeking an H1B visa under the advanced degree cap. If so, you should not expect to be granted an H1B if you have any remaining or pending requirements for the degree. Historically the USCIS was receptive to letters of completion from a college or dean, but more recently they've been denying the applications.

    If you're talking about a Ph.D. thesis, and the only degree required for H1B eligibility under the prospective employer's labor certification is a masters, assuming you were previously awarded a masters you should be eligible.

  3. #3
    Join Date
    Oct 2008
    Posts
    7

    Default Re: H-1 Application and Graduation Date

    Mr. Knowtall,
    Thank you very much for the information!

    FYI, I am a Masters student and I have only the thesis left to complete and it will be completed by end of February. I can obtain an offical transcript and the Dean's letter as well. Is that enough to apply for H-1B as the official diploma is to be received by mid May, 2009?

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