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F-1 to H-1 transfer without diploma

West Chester, OH |

I am currently on 1 OPT ( Stem extension approved ) . My employer wants to apply for my 1 . However , I am yet to defend my thesis so don't have my masters diploma yet . Will there be any issues with my 1 approval / stamping ? Please comment .

Attorney Answers 4

Posted

More information is needed to answer this question. It depends upon whether or not the prospective H-1B job requires a masters degree or a bachelors degree. You employer should consult with an experienced immigration attorney to handle the H-1b process. Your employer can look at www.aila.org for referrals in your area.

The comments made on this site by Brenman Law Firm, PLLC of Chapel Hill, North Carolina are not legal advice. This information is provided as a public service and is intended as general guidance only. We require an initial consultation and a signed retainer agreement before we represent our clients.

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Posted

Your employer should consult an immigration lawyer for this process.

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Posted

I agree. Your employer can try to apply for you on April 1, 2013, when the application process re-opens, again. The fact that you have a bachelors degree should be sufficient. If you want to file based upon your masters degree, then you will need to provide proof to the satisfaction of the USCIS that you have the required credits and obligations needed to graduate at the time of filing.

I strongly recommend that you and your employer retain a competent and experienced immigration and visa attorney. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.

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Posted

if you have a four-year undergraduate degree and it relates to the occupation. It may be possible to go forward with the H1B. Even without a four year bachelors degree, you should meet with an attorney, as there are other possibilities.

contact us at:
216.861.4414
immigration@rbrownllc.com
www.brown-immigration.com

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