Legal Question in Immigration Law in New Jersey

H1B Stamping -F1 not complete

Hello Sir/ Madam,

Subject: H1B Stamping - F1 incomplete.

I have got H1B VISA Recepit (through B.S from India) on August 5th 2004. I took break from school on september 2004. Since I have not registed for Fall 2004, My school considered my M.S education ended on Spring 2004 itself. But I started working from Oct 1st 2004 ( First H1B- Start Date ). When I asked for a status letter from my school, they gave a letter with SEVIS closed on Oct 17th 2004.They themselves wondered why and how!.And I believe, on my favor, the date on SEVIS is after my legal H1B started.I have not completed my studies yet.Working in H1b for 1 1/2 years.Now wanted to go for stamping.Any status issues arise.Please suggest.

NOT FINISHING SCHOOL AND GOING FOR STAMPING IS GOOD??.

If I go to CANADA/MEXICO or even INDIA - Would the VISA counselor rejects my VISA since I have not completed the degree, saying that I have not met the first Goal I got F1 VISA for?

Is that mandatory/required to complete the Education if my VISA is F1 before and now Iam on H1B, going for stamping?

Is that good joining the school now and showing the valid documents about school??

Please advice and help me..

Iam wandering in this far the past 6 months.

---name removed


Asked on 6/07/06, 8:05 pm

1 Answer from Attorneys
Patrick Klauss Berd & Klauss, PLLC

Re: H1B Stamping -F1 not complete

Sir/Madam,

From what I understand, you have completed a BA abroad and were studying for your Master's degree in the U.S. However, you changed your status to H-1b before completing your Master's degree.

If this is the case, you are qualified for H-1b as long as your application was based on your BA education and not your pending Master's.

There should be no question as to your H-1b eligibility.

I hope this helps.

Regards,

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Answered on 6/07/06, 10:44 pm


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