Eligibility for H1B cap exempt.

[QuestionAbtStatus]

Hi All,

 

I am a new member here. Hope all is well with everyone!

 

I have a question regarding Master's cap for H1B. Recently, I have enrolled for a certificate course in an US accredited university, which offers F1 visa along with a limited OPT period. I already have a Master's degree from another foreign country.

 

My question is: will my qualification combined with the current student status provide me an opportunity to be in H1B cap exempt? If that's not the case, kindly could you let me know how to make opportunities for H1B after my certification.

 

Please let me know your suggestions. Thanks for your time!

[jairichi]

Hi All,

 

I am a new member here. Hope all is well with everyone!

 

I have a question regarding Master's cap for H1B. Recently, I have enrolled for a certificate course in an US accredited university, which offers F1 visa along with a limited OPT period. I already have a Master's degree from another foreign country.

 

My question is: will my qualification combined with the current student status provide me an opportunity to be in H1B cap exempt? If that's not the case, kindly could you let me know how to make opportunities for H1B after my certification.

 

Please let me know your suggestions. Thanks for your time!

Only if you are counted against cap once you are cap exempt. To be eligible for master's quota you would need to have obtained a master's degree from an accredited public or non-profit institution in US.

[Bfactor84]

For advance degree cap, the following conditions should be met:

 

1) Completed all requirements of Masters/PhD from a US accredited university. Degree certificate, transcripts are sufficient evidence. If you do not have either of this, then a letter from the university registrar verifying that the prospective candidate have fulfilled all the requirements of the degree and is only pending degree conference. 

 

2) The university should be public or private-not-for- profit institution

 

 

Some attorneys that I consulted with also mentioned the following requirements:

 

3) The job you are applying for should clearly demonstrate the need for an advance degree

 

4) The advance degree is within the scope of the job requirements (Masters in Chemical Engineering cannot apply for a Financial analyst position - at least not in the AD cap but you may be eligible for the general cap if your undergraduate work is related to that field)

 

 

Requirements 3 and 4 are not always mandatory and can be explained if the employer provides cover letter in the application with sufficient evidence.  

 

 

I am not a legal expert on this matter but you should take legal counsel from a bar certified attorney when you do not meet 3 or 4 requirements.  

 

 

 

[JoeF]

No, that doesn't make you cap-exempt.

H1 cap exemption is only for jobs at universities, non-profit research organizations affiliated with universities, or government research organizations.

It has nothing to do with your education.

[t75]

You would NOT be cap exempt with a masters. You would need to find an employer wanting to hire you; the employer would file at the proper time through the quota.

 

 

(Who gave you the idea that a masters degree was cap exempt?)

[pontevecchio]

You have the wrong end of the stick. There is a quota of 20000 for people with advanced Degrees in the USA with some conditions as regards the H1. Cap exempt places like Universities etc. can hire you without having to subject yourself to any cap. The certification you have gone through is most likely not helping you further in any way.