h1b

Old Jul 25th 2002, 11:23 pm
  #1  
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Hi, my company just recently filed for my h1b with premium processing ( i was on my practical training until now) and couple of days ago we received a fax saying that they need to submit evidence showing that in my company and in similarly situated business in the same industry a baccalaurate degree in a specific field of study is a standard minimum requirement for the job offred. I was wondering if anyone else has heard about such thing, what can be showed as evidence?
I work in a publishing company( for 14 different papers) and was hired for a computer graphic designer but i also maintain their computer network and just started developing them a computer database ( i have a bs in computer science) Could i not get H1b because computer graphic design is not my degree?
Please any kind of help would be great, thank you
P.S. i didn't send them a copy of my diploma on the first place could that be the reason for them asking more information?
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Old Jul 26th 2002, 11:21 am
  #2  
Ingo Pakleppa
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Default Re: h1b

On Thu, 25 Jul 2002 17:20:12 -0700, venera wrote:

    > Hi, my company just recently filed for my h1b with premium processing ( i was on my
    > practical training until now) and couple of days ago we received a fax saying that
    > they need to submit evidence showing that in my company and in similarly situated
    > business in the same industry a baccalaurate degree in a specific field of study is
    > a standard minimum requirement for the job offred. I was wondering if anyone else
    > has heard about such thing, what can be showed as evidence? I work in a publishing
    > company( for 14 different papers) and was hired for a computer graphic designer but
    > i also maintain their computer network and just started developing them a computer
    > database ( i have a bs in computer science) Could i not get H1b because computer
    > graphic design is not my degree? Please any kind of help would be great, thank you
    > P.S. i didn't send them a copy of my diploma on the first place could that be the
    > reason for them asking more information?

There are two possible reasons for requesting more information. Either, they want to
buy time because after they send you such an RFE, they are no longer bound by the
15-day guarantee. Or, they genuinely have doubts about that.

The question they sent, along with the job description you gave, seems to suggest
that this is a genuine question. Do graphics designers always need a bachelor's
degree? That's essentially the question they asked, and that's what you will need to
answer and show evidence for. If your company has even just one graphical designer
without a degree or equivalent experience, your H-1B would be in trouble.

And don't try to argue that maintaining the network justifies the requirement: in
that case, the INS might argue that your employer should really hire two people. You
might be able to get an H-1B for the network maintenance, but would not be allowed to
work as a graphics designer concurrently.

Ingo
 

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