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Can I apply for H1-B visa before my undergraduate graduation date?

Orlando, FL |

I have received a job offer from a company that will sponsor my H1-B visa. However, I do not graduate until August 2014, can they still apply for me by April 1st? If yes, then how? and if no, then what are my other options?

Attorney Answers 5


  1. No. You must have obtained your actual degree PRIOR to having an employer petition you for an H-1B petition.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. If you have completed the equivalent of a four-year U.S. bachelor's degree or above at the time of filing the H1B petition, it can be filed and approved.

    Sometimes professional-level employment experience can be taken into account in determining equivalency of a four-year U.S. degree. For case-specific advice please consult with an immigration attorney. Contact information is in Avvo or at www.ailalawyer.com


  3. No. You must be fully qualified at the time the papers are filed.

    Get OPT to fill the gap.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  4. No. You can never apply for your H1B visa. Only an employer can.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  5. It may be possible if you have the equivalent of a four-year actual degree for your employer to file for you. In the alternative, you may consider OPT and file the following year. Your employer should retain legal assistance for this process. For the OPT see your school's DSO.

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