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Hello - we are getting ready to file a H1B application. the

 
Charlotte E. Viener, Esq.'s Avatar
  • Answered by:Charlotte E. Viener, Esq.
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Hello - we are getting ready to file a H1B application. the candidate has a US 3 year degree in Computer Application from india obtained in 2012. He has 6 years of work experience - he started working at our company Sept 2005. My question is - does this work experience qualify to count towards a 4th year of degree? The evaluation company says they can only evaluate the candidate for a 3 year degree since all the candidates work experience is prior to obtaining the degree. is there a way around this so that we can go ahead and file this application?
Your immediate response is requested.
thanks
Swati

 

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State/Country relating to question: California

Submitted: 429 days and 8 hours ago.
Category: Immigration Law
Value: $24
Status: CLOSED

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Expert:  Charlotte E. Viener, Esq. replied428 days and 23 hours ago.


Charlotte E. Viener, Esq. : According to USCIS regulations regarding H-1B's, 3 years of work experience in the same or similar field /occupation is considered one year of education toward the 4 year US equivalent degree. There are numerous academic evaluators that USCIS will accept and my suggestion would be if the company you are currently working dealing with is not willing to work with you, the find another one that will. On an aside, how is it that this individual has been working for you since 2005? If he has been employed abroad, have you considered and L (intracompany transferee) visa?

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Category: Immigration Law
Pos. Feedback: 100.0 %
Accepts: 12
Answered: 4/17/2012

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