Educational Qualification for H-1B

 I'm on an L1-B visa in US since last 1 year. With the same company, I've overall 6 years of experience in software architecture and management positions. Prior to that, I was working in my father's company as a software consultant (since age of 11) and I've the legitimate experience certificates from my clients. In addition, I also have national level certification that I've been working as a professional software consultant since the age of 11. Right now I'm 27 yrs. old but I did not pursue Graduate degree yet. Is there a chance for me to be eligible for H1-B? Will any experience/ certification received before the age of 18 count?

 I have the following qualifications: 1. Class X: Passed in 1988 2. Class XII: Passed in 1990 3. BA (Pass course) - 2 years program, passed in 1998 (8 years gap from 10+2) 4. PG Diploma in International Business - 1 year program, passed in 2000 5. Work experience: 7+ years Does my qualification (which is rather poor and non-IT related), qualifies for H1B visa (for IT related job)?

1. Your educational qualifications are slightly weak with respect to getting an H-1B visa, but you have a very good chance of getting an H-1B if you have been working for well known software development companies in India in the technical field.
2. Please talk to your lawyer before you take any action

 I'm on an L1-B visa in US since last 1 year. With the same company, I've overall 6 years of experience in software architecture and management positions. Prior to that, I was working in my father's company as a software consultant (since age of 11) and I've the legitimate experience certificates from my clients. In addition, I also have national level certification that I've been working as a professional software consultant since the age of 11. Right now I'm 27 yrs. old but I did not pursue Graduate degree yet. Is there a chance for me to be eligible for H1-B? Will any experience/ certification received before the age of 18 count?

1. In order to get an H1B visa one needs to have 16 years of full time education i.e. 12 years of college school and 4 years of degree education or 10th standard plus 2 years pre-degree plus 4 years degree. Please note that if there has not been a 4 year degree then you should have a post graduate.
2. The legal position regarding your work experience from the age 11 to 18 is quite unclear.
3. For getting a valid H1B you need to have valid degrees from universities or certifying agencies which are recognized by BCIS and have a track record of providing certification which is industry relevant.
4. We recommend that you continue on L1 visa and you can stay on in the US for another 5 years.

1. I have 15 years education which I have completed my B.Sc degree through open University in     2003.
2. I have 6.1 years of experience in IT which I have started my career in 2000 itself. I mean to say, I    have worked in IT while studying my degree due to family reasons.
3. I am pursuing M.Sc through distance education.
4. I have visited 3 countries already and I had US B1 in which I never visited and got expired.

Let me summarize my problem

Period	Job	Education
1999 - 2003	doing	completed. B.Sc
2003 - Till date	doing	M.Sc doing.

I just wanted to know whether I am eligible for H1B in grounds of educational qualification or not?
Note: If I am not eligible, if I produce any 1 year diploma from NIIT or any registered institute, then will I be eligible for H1B?

1. You are eligible for H1 on the grounds of your education and work experience together.
2. When you apply for H1 please get your education evaluated by leading certifying agencies. It will be helpful if you have a 1 or 2 year diploma from NIIT although they are not a recognized educational institution.
3. Since you have worked for more than 6 years-- we assume with a leading IT company--there should be no problem when you apply for H1B. It will be helpful if you finish your M.Sc as soon as possible.

I've got a job offer from an USA/California based company. I've done my BSC (10+2+2) from Calcutta University in 1992. And I've a total 11 years of work experience in IT field in various capacities. But at starting of my carrier I worked with a small IT consulting firm for 9 years & then 2 years worked with reputed IT companies. Will those work experience be sufficient to get an H1-B Visa processing?

1. Prima facie your work experience is enough for you to get your H1-B visa.
2. Please note that you need to have work experience certificates from all your employers.
3. Please ensure that your education evaluation is done by a reputed certifying authority in the US.
4. We think that there will be queries from INS/BCIS as regards your educational qualifications and please note that you have to get your visa filed through a reputed attorney.

I have a job offer in the US as a computer analyst and have been working in Canada for the past three years as a network administrator with MCSE, A+, Cisco certifications and business diploma. Can I apply for an H-1B visa, since I do not have a graduation degree?

We feel it would be difficult for a person without a degree and only three years work experience to get an H-1B visa. According to the H-IB visa rules, a person must have six years work experience in lieu of a degree. If the person has a Canadian citizenship, he need not apply for an H-1B. He can get a work permit under a special category and the problem of a degree does not arise.

 
I have a few questions regarding H-1B visas, which I would like clarified. Can an H-1B visa holder pursue his/her masters degree (either full time or part-time) in the US? If the answer is yes, will the candidate be considered an international student or a resident? 

If you have been residing in the US for a year, you will be considered a resident and you will need to pay the fee applicable to US citizens.

 
I am an IT professional working in Australia. I got a job offer from a US company and have sent my papers for H-1B processing. I have done my Diploma in Computers and have 5 years of work experience. I have also done B. Com through Correspondence in one-sitting. My consultant has informed me that my chances of getting an H-1B are slim, as I do not have a Bachelor’s degree in the field I am working. Is there any possibility of me getting an H-1B visa. I have submitted all relevant documents, including those, which furnish proof of my current job experience in Australia.  

There is a fair chance that your visa will be approved if the education evaluation is done correctly. The Consular Officer could raise objections when you go for stamping. But if you have concrete and credible evidence of your work experience, you stand a good chance of getting the visa stamped. It is advisable that you get the visa stamped in Australia, as the Consulates in that country are more liberal than in India.

 
I received my H-1B visa papers from my consultant. But when I went to the US embassy for getting the visa stamped, the Consular Officer rejected my application on the grounds that I do not have 17 years of education. I have done BA and an MSCE diploma from Aptech. I have six years work experience. Can you help me?

Generally, H-1B visas are issued to specialty workers with a Bachelor's Degree in the field they are employed. In case, the candidate does not have a degree but a diploma, the work experience is considers in lieu of a degree. However, in order to offer concrete suggestions, please let me know whether you submitted adequate documents to support your six years of work experience. Did you work with reputed software companies in the last six years? Were these companies registered with Software Technology Parks? It is only on the basis of this information can Assureconsulting.com help you further. You could call me at 5084528 for further advice. 

(Disclaimer: We claim no responsibility for the accuracy of the information. Application of the law can vary drastically according to the facts of a particular case, judge or State in USA. The FAQs are not meant to be specific legal advice. The answers must be viewed as general information and are no substitute for the services of a lawyer.)

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