F1(OPT) to H1B to GC

[arun.nurak]

Hi , I'm a student finishing my masters in F1(OPT) visa Status. I had my final project left to apply for full time OPT .With OPT I have started working as a consultant(contractor). Before finishing my degree I was offered full time in the company. But I'll be graduating in a month's time after my start date. Will my H1B processing come under Master's degree cap? Also, am I eligible to apply for GC win EB2 category? What are the consequences I'm expecting during the immigration processes by start working before my graduation, as I said i'll be done with my degree before even H1 application starts? Thanks in advance.

[rahul412]

while filing your H1 , you need to have master's degree if your petition is filed under master's quota.

EB2 is decided based on the job req. Just a master's degree will not qualify you for EB2 automatically.

[JoeF]

while filing your H1 , you need to have master's degree if your petition is filed under master's quota.

EB2 is decided based on the job req. Just a master's degree will not qualify you for EB2 automatically.

And in particular, if the person started the job before having the Masters degree, the job obviously doesn't require a Masters degree, and a GC process using that job can therefore not be in EB2.