Eligibility for H1B

[laksad 0]

I am a student on F1 . I have a 3 year bachelor degree from India and 1.5 years of work experience. Currently I am on OPT after completing a one year professional certificate from a college in Seattle. I also just completed my online - part time MBA from a university in India. Now I would like to know if my employer can apply H1B visa for me. Am I eligible for the same.

3 year Bachelor degree in India

1.5 years work experience India

1 year professional certificate degree in USA

1 year work experience in US on OPT

2 year part time MBA in India

[Harsh_77 716]

Sure when next years H1 opens up.

[Morningmist 76]

Kind of depends on the job you will be doing wouldn't it?

[Harsh_77 716]

Kind of depends on the job you will be doing wouldn't it?

I am assuming that the employeer and their lawyer would figure it out.

[Morningmist 76]

I mean it doesn't matter how much experience or what degree he has if none of it is related to the job he is doing right now. That's the caveat for an H1B AFAIK. It is up to his employer and their lawyers to figure out, sure. But USCIS doesn't just see whether you have a degree or work experience but whether it is relevant to the job you are doing now and whether it is a specialty occupation.

Sometimes USCIS gives the approval and then when you go for stamping they deny you and withdraw the application. That's what happened to a friend. They told her that she neither had the relevant degree nor the work experience required for the job she had an approved H1B for. Well that's what she told us. Not sure if that was really the case.

[Harsh_77 716]

I mean it doesn't matter how much experience or what degree he has if none of it is related to the job he is doing right now. That's the caveat for an H1B AFAIK. It is up to his employer and their lawyers to figure out, sure. But USCIS doesn't just see whether you have a degree or work experience but whether it is relevant to the job you are doing now and whether it is a specialty occupation.

Sometimes USCIS gives the approval and then when you go for stamping they deny you and withdraw the application. That's what happened to a friend. They told her that she neither had the relevant degree nor the work experience required for the job she had an approved H1B for. Well that's what she told us. Not sure if that was really the case.

Yea that could be true that at point of stamping they reject the H1B, I am not sure of that but I have seen ppl with degeree in Journalism working in IT as developer and only reason they were working as developer so they could get H1B.

I know for sure though their H1B was approved in US and only thing I think that went in their favor at the time of application was he had got his degree in journalism from school in US.

[Morningmist 76]

Well if he took computer courses during his Journalism degree or has a minor in Computer science, that works too. He could have had programming work experience too while going to school. OR and this is more likely because I've seen it happen too many times, he lied on his application by stating he has work experience in things he doesn't. A lot of body shops will do that for you.

[Harsh_77 716]

Well if he took computer courses during his Journalism degree or has a minor in Computer science, that works too. He could have had programming work experience too while going to school. OR and this is more likely because I've seen it happen too many times, he lied on his application by stating he has work experience in things he doesn't. A lot of body shops will do that for you.

Working in the IT sector I come across lot of resumes that have complete different background and than joined some bodyshop who would give them cuple weeks training and put them out for the job and based on that job they have applied for H1B and I am guess those H1B go thru as well.

Unfortunately there is no other way lot of these kids want to work prob in their field but H1B are difficult to come by in their field so they get into IT.

[lonestarbrah 0]

Hi, just joined this forum. This is my first post.

Can someone explain to me in plain English how I could get a h1B visa the way that is being explained in the last few posts.

What is a 'bodyshop'? How do companies get the USCIS to agree to a H1B visa if the applicant does not have a degree in computing?

Like Harsh77 just wrote, it seems as though if I did some classes during my degree that involved computing, it 'counts' towards being eligible for a H1B visa in an area (computing) that was not the main point of study for my degree. How do I get this to happen.

A few of you mentioned 'relevant work experience' but as far as I know, without the degree in the actual subject that you're applying for a job for, you need 10 or more years of experience in the relevant field. As far as I know, you can't "give them cuple weeks training and put them out for the job".

Please can someone explain all of this to me in detail?

[Boiler 43,395]

You are correct in your assumptions.

Application will be handled by the Company Lawyer. Sometimes presentation can be a factor.

[anusarma 0]

Yes, it's possible. Firstly, find an employer who is willing to file and H1B on your behalf. Following that, you need to ensure timely filing of your H1B petition so you beat the H1B Cap. Don't forget to check if you are eligible for cap-gap, especially when your H1B petition is pending so you can remain in F1 status in the United States till its approved.