*** New H1B cap exempt question ***

[forumman]

I have a new employer who is willing to file H1b for me. I have been in the US before (Masters in non-IT and then worked for 2 years in US) and got stuck in India since then...got a 221g in May 2011 and later rejected due to EVC model.

Now, I have found a new employer in US who is willing to file new H1B (cap exempt) with inhouse project in ABC technology. I am working on the same ABC technology in India from 3 years, but previously in US, I worked on a different and completely unrelated technology.

 

Will I face any problem (RFE) from USCIS for H1b approval like:

 

1. How are you eligible to work as a Computer Programmer (job title on LCA) when you do not have a Computer Science degree  ?

 

Answer: Have relevant supporting experience letters from all previous employers and will provide.

 

Will my answer stand strong enough to get approval in case I get RFE ?

 

Thanks,

 

[jairichi]

I have a new employer who is willing to file H1b for me. I have been in the US before (Masters in non-IT and then worked for 2 years in US) and got stuck in India since then...got a 221g in May 2011 and later rejected due to EVC model.

Now, I have found a new employer in US who is willing to file new H1B (cap exempt) with inhouse project in ABC technology. I am working on the same ABC technology in India from 3 years, but previously in US, I worked on a different and completely unrelated technology.

 

Will I face any problem (RFE) from USCIS for H1b approval like:

 

1. How are you eligible to work as a Computer Programmer (job title on LCA) when you do not have a Computer Science degree  ?

 

Answer: Have relevant supporting experience letters from all previous employers and will provide.

 

Will my answer stand strong enough to get approval in case I get RFE ?

 

Thanks,

1. You will get an RFE for sure. Hopefully your employment records can convince USCIS.

[rahul412]

For an H1, you need to have degree directly related to your job. So find a job which matches with your educational BG.

[forumman]

@rahul412: I know lots of people who got H1 approval and also subsequently got their visa stamped and they dont have a degree even remotely related to Computer programming. They did not even get a RFE. That said, I think its all about luck and how we support our case with backing documentation. If all computer programmers in US on H1B need a computer degree, then 80% of them must go back to their home countries because they do not hold a computer degree. They are just there because they have supporting experience letters and of course pure luck.

[rahul412]

@rahul412: I know lots of people who got H1 approval and also subsequently got their visa stamped and they dont have a degree even remotely related to Computer programming. They did not even get a RFE. That said, I think its all about luck and how we support our case with backing documentation. If all computer programmers in US on H1B need a computer degree, then 80% of them must go back to their home countries because they do not hold a computer degree. They are just there because they have supporting experience letters and of course pure luck.

Of course that's pure luck. But what I said is as per the H1 rules.

Remember one more thing, do not take anything for granted when it comes to immigration, bcos USCIS might approve your H1 but they can also reject it ANY time after approval. So that's why it is advised to follow the H1 rules.

[JoeF]

@rahul412: I know lots of people who got H1 approval and also subsequently got their visa stamped and they dont have a degree even remotely related to Computer programming. They did not even get a RFE.

What happened in the past for some people is IRRELEVANT.

"Knowing some people" does NOT mean that you will get approval.

Things have changed. USCIS is much stricter now, because of abuse in the past.

[Attorney_25]

The attorneys at the Murthy Law Firm frequently handle USCIS inquiries about the relationship of the degree and prior experience to the current position. Of course the argument depends on the specific facts and there are not enough facts posted here to discuss this further. It is possible, if you spent 3 years working in the same field and technology and additional years working in a related field although with different technologies, a successful argument can be made. It also depends on how far off the degree is, of course.