Applying for H-1B with a pending degree

[edd677]

Hi all,

I am in the third year of my four year degree course in the United Kingdom. During the third year students undertake internships with companies operating in an industry relevant to their degree - The company can be overseas or based within the UK. After this year students return to university (In october) to complete their final year of study at the university, and graduate in July the following year.

I am currently on an internship in the US on a J-1 Visa working for a financial services company. My employer has offered me a job upon graduating in July 2014, taking on a full time position as a financial analyst. I realise that in order to start working at the beginning of the 2014 fiscal year, I would need to apply for an H-1B Visa in April 2014.

My question is this: Is it OK to enter a petition for an H-1B Visa when my degree is still pending? I.e. I would be applying in April 2014 for a Visa that commences in October 2014, however as of April 1st, I will not have my degree, as I will be receiving it in July, meaning I would indeed have it by October 2014.

This is extremely important, as the conditions of the job probably rest on this being possible, as its obviously not in their interests to have to wait around for ANOTHER year (October 2015), when I will have my degree.

Thank you in advance people!

Ed

[Attorney_11]

A beneficiary of an H-1B petition is required to have a related education or combination of education and experience equivalent to a Bachelor's degree. Generally, this may not be possible for new or younger professionals, especially those that have been studying and are still one year off from completing a Bachelor's degree. However, each case is considered on a case by case basis and a discussion with a n immigration attorney may clarify some questions.