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yamini

Educational background is completely different from work

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Hello,

I have done my Engg in Mechanical and Masters in Aviation (As I was interested then)!

However, I started working in IT from my OPT period i.e. Aug 2011 and continued on H1 since Oct 2012. (My employer had to file twice as it was rejected the first time with "No connection to my background"! The second time he made it)

I plan to go for a visa stamping very soon and I have no certifications in the field I work, except for a 3 months experience certificate which I had since India (I worked for a reputed IT firm just after my Engg). Will this be sufficient to prove that I am eligible to work in this field?

I had not a bit of 'Computers' in my masters! I am confused on how to justify myself as I have very different background!

And,I would like to answer the fact in my case which is : "The only field I could get a job is IT for which I choose"! But, I do not know if this is a sensible answer.

(Btw when I had applied for Masters in Aviation, I was given a 221g case before issuing my visa. Does it mean I would be getting it again?) Thanks!!!

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You are likely to get into problems with stamping.

And you have to answer truthfully. A lie can result in a lifelong ban.

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One of the rules for H1B eligibility is "Beneficiary should be working in the field which is directly related to his/her highest degree"

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@Yamini:

You always get training from your employer to get job as "System analyst" or "programmer analyst". Support this with few computer related courses from bachelors in Mechanical engineering.

So sit back and relax !! You will get it

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A "few computer related courses" or "training" doesn't matter. The degree has to be in the field.

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@Yamini:

You always get training from your employer to get job as "System analyst" or "programmer analyst". Support this with few computer related courses from bachelors in Mechanical engineering.

So sit back and relax !! You will get it

Dude, if possible try to help her but don't drag here into trouble. If you lie during the interview result will be a life long ban.

Moreover, OP has clearly mentioned that she never had a single computer related course.

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dont worry there are some people to scare you dont care abt them... get a letter from ur client manager and all ur pay stubs you are good to go...

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It is so nice to see all these posts counseling to commit fraud, and saying it is okay to violate immigration laws, regulations, and rules. Don't need to be honest -- the end justifies the means. Wonder why there is a lot of opinions that the H-1B system is rife with fraud.

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A "few computer related courses" or "training" doesn't matter. The degree has to be in the field.

If this is possible then no one will go to universities to get their degrees. Everyone will join some private institutes for training and will save lot of money.

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Thank you all for your time! But, this is my situation and I cant change my past (I cant go back and get an IT degree now). And I am sure even you understand that I am tensed because of which I have posted my situation here.

I dont want to be rude, I just wanted a possible answer for my case. Seeing all the posts in this forum, I expected to get some guidance, not to realise that I have committed an awful gaffe by not working in the field I have studied!

I have an answer, but I wanted to confirm if it makes sense or not, from experienced people and the attorney here! And am sure this is not the end, I just wanted to try! Thanks

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Just want to share my personnel experience here on the topic in discussion.

I am a non IT academic background person working on Oracle ERP technology. I got the stamping done in 2008 but didn't move to US because of the market condition then.

Now again attended for H1 interview after 4 years from previous stamping date (with an additional experience of 4 years from my previous stamping stamping), but the VO put my case in 221G saying no relevant academic qualification and need to revalidate the relevance between H1b employment and academic back ground.

In this case which argument is correct. The same profile which US immigration authorities have accepted in 2008 have been denied now.

In general scenario if we see, 50%of IT employees doesn't have the relevant academic qualifications i.e. IT.

Always there is an option that work experience will suffice the academic qualification requirement. (3 yrs of experience for 1 year of academic qualification).

Regards

Sudhakar

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In this case which argument is correct. The same profile which US immigration authorities have accepted in 2008 have been denied now.

They enforce things better nowadays.

For an H1, you need to have a degree in the field.

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@yamini - dont worry, uscis have approved your petiton and you have been working in IT. If only people who have BE, BTECH, MCA in Comp Sc can work on H1 then most people (Desi's) wont be workin in IT on H1. I know many guys who got successfully stamped without comp sci degree...it really doesnt matter as long as you have client letter, pay stus and w2. we all are free to choose our field of work and grab any opportunity that is beneficial to our career path...

just go with confidence and please be optimistic...i am sure all will be well.

Good luck

Guys, please dont scare anyone, its really not worth it. Lets face it, we all desi's normally know the kind of people working on h1 and what are they into , so please dont prove a point. Majority of people workin in IT dont have computer science degree and this is the truth and we all know that so please.

Thanks,

VJ

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Now again attended for H1 interview after 4 years from previous stamping date (with an additional experience of 4 years from my previous stamping stamping), but the VO put my case in 221G saying no relevant academic qualification and need to revalidate the relevance between H1b employment and academic back ground.

I completely agree with you. But the problem here is USCIS itself is messy. It says to follow some rules but USCIS itself doesn't follow the same rules.

So according to H1 rules, candidate needs to have a job which is related to his/her degree and I suggest people to follow these rules because H1 candidates in future might get into trouble when USCIS wakes up from the sleep and start rejecting the petitions based on this rule. And at that time it will be too late since you have lots of hopes about getting settled in US.

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Just want to share my personnel experience here on the topic in discussion.

I am a non IT academic background person working on Oracle ERP technology. I got the stamping done in 2008 but didn't move to US because of the market condition then.

Now again attended for H1 interview after 4 years from previous stamping date (with an additional experience of 4 years from my previous stamping stamping), but the VO put my case in 221G saying no relevant academic qualification and need to revalidate the relevance between H1b employment and academic back ground.

In this case which argument is correct. The same profile which US immigration authorities have accepted in 2008 have been denied now.

In general scenario if we see, 50%of IT employees doesn't have the relevant academic qualifications i.e. IT.

Always there is an option that work experience will suffice the academic qualification requirement. (3 yrs of experience for 1 year of academic qualification).

Regards

Sudhakar

is ur 221g cleared?

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better find a better place for you uncle!! come to reality!!

The above URL is from USCIS website. So that's REALITY, not a framed one.

One thing is sure that you didn't like these rules. or you don't have degree in your field of work.

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and come down to reality uncle!!!! there are 70% of It folks without relevant CS/IT degreee...

Making some numbers up, eh???

As was said already, grow up!

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and come down to reality uncle!!!! there are 70% of It folks without relevant CS/IT degreee... everyone knows these rules...and moreover did you ever completeed a technical degree?? what does does equivalent degree in CS and degree in CS mean?

Equivalent degree in CS means, any degree from a foreign country needs to be equivalent to the CS degree offered by the US universities. Like B.Tech in CS from India is equivalent to BS in CS from US universities.

Let me explain you the reason for this rule

Let's say that you have a Master's degree from a reputed US university and a job position which matches your profile. If some other guy who worked as plumber or electrician and who doesn't even have a degree is selected for that position ( which doesn't match his profile) how do u feel?? Don't you feel that someone has taken your job though you are eligible? or do you gonna take revenge by taking up his previous job??

thoda dimaag per joor lagou Uncle....!!!!! (which means think practically)

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They enforce things better nowadays.

For an H1, you need to have a degree in the field.

you mean to say that USCIS was not considering these rules earlier??

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and come down to reality uncle!!!! there are 70% of It folks without relevant CS/IT degreee...

Yes this is the reality and that's why you see more no of 221g's.

Ok uncle??

Dude we are living in a foreign country so obviously we don't have enough options like a USC has. As a respected citizen of your country you need to obey the rules of another country if you want to get settled in that country.

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you mean to say that USCIS was not considering these rules earlier??

They have stepped up enforcement.

For example, the employer-employee relationship was always an issue, but with their memo, they put more emphasis on it.

The pattern I've seen is that if some borderline stuff becomes abused, they clarify things and step up enforcement.

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