Immigration Voice

Queen_of_Sheeba · #1 (**permalink**) 05-07-2009, 02:05 AM

help me with this guys: My employer applied for an H-1B under the Master's cap, but I've been RFE'd. I think this is cause the job is classified as only requiring a Bachelor's degree. If that is the case, would it be possible to withdraw my application and reapply under the regular cap? Is this a good idea? And am I right that there are tougher requirements for being accepted in the Master's cap than the regular cap?

I'm meeting with my boss tomorrow to discuss this so please reply quick!!!

Devils_Advocate · #2 (**permalink**) 05-07-2009, 02:10 AM

As far as i know, the masters cap has no bearing on the educational level (bachelors/masters/PhD) of the job, as long as you've had a masters from an american university, you are eligible to use it, the RFE could be for some other reason, talk to your lawyer and figure it out.

Queen_of_Sheeba · #3 (**permalink**) 05-07-2009, 02:24 AM

wow that was quick! I hope you're right that the Master's cap isn't related to the educational level of the job. On the other hand, I just talked to a friend who was sponsored by a big company that does heaps of h-1b's, and they got him to apply under the regular cap so it would be easier...

raysaikat · #4 (**permalink**) 05-07-2009, 12:46 PM

Quote:

Originally Posted by Queen_of_Sheeba

help me with this guys: My employer applied for an H-1B under the Master's cap, but I've been RFE'd. I think this is cause the job is classified as only requiring a Bachelor's degree. If that is the case, would it be possible to withdraw my application and reapply under the regular cap? Is this a good idea? And am I right that there are tougher requirements for being accepted in the Master's cap than the regular cap?

I'm meeting with my boss tomorrow to discuss this so please reply quick!!!

Yes, the job does not have to require an M.S. degree:

http://www.murthy.com/news/n_faqh1b.html

hibworker · #5 (**permalink**) 05-07-2009, 02:55 PM

The job does not need to require Masters degree. Unlike Greencard filing under EB2 vs EB3 it is not any harder to get H1 under Masters quota, all you need is Masters from accredited univ. You need to figure out what the RFE is for.

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