H1-B Transfer, Master's Degree Quota to Undergrad Level Job

[nixone]

What is the name of your state? Arizona

My H-1B is approved under US Master's degree quota with the starting date October 1, 2007. Currently, I am in F-1 (second master's degree) and doing an internship. My internship place is planning on offering me a job that requires only BS/BA (they do not want to change it to master's degree required).

I am wondering if it is possible for my internship company to apply for a new H1-B in behalf of me and there will be no problem doing it because of Master and undergrad level?

Thanks

 

[ImmigAttyLana]

It's not going to be a problem for them to file a new petition on your behalf.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[nixone]

It's not going to be a problem for them to file a new petition on your behalf.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Thanks for your time and reply.

So, even though the job description matches for undergradute level education and it only says that BS/BA in Business required, there will be no problem to get a new H1-B through a new company as long as we applied it before Oct 1, right?

I also do not have any pay stubs as I have not started my job yet. Only things I have are new I-94s (originals) for me and my wife and photocopies of approval letters for both of us(originals are with my future employer). Basically, what do I need to get from my employer who did my H1-B to be able to switch to a new company?

Thanks

 

[ImmigAttyLana]

It does not matter if you have paycheck stubs or not since you are not applying for a transfer as you are not yet in H-1B status if you file before 10/1/07. A bachelor's degree is a minimum required for a H-1B anyway so as long as you have that, you are eligible for a H-1B provided everything else matches, in terms of employer, position, your qualifications, etc.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[nixone]

It does not matter if you have paycheck stubs or not since you are not applying for a transfer as you are not yet in H-1B status if you file before 10/1/07. A bachelor's degree is a minimum required for a H-1B anyway so as long as you have that, you are eligible for a H-1B provided everything else matches, in terms of employer, position, your qualifications, etc.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Thanks for your reply. I am now more confused then your first answer. From your post above, it sounds like the education level, job title and job desciptions have to match to be able to get a new H1-B (not subject to quota).

This new job, nothing matches. It requires BS/BA, the job title is different, Job description is different and it is a different type of company then the one that did my original H1-B.

What documents do I need from the company who did my original H1-B to be able to move to a new company? All I have is new 1-94 and photocopy of approval letter. Thanks.

 

[ImmigAttyLana]

It does not have to match to the original job. It has to match to your qualifications for the specific position. The previous job description or requirements are irrelevant. One can be qualified to do several different positions. As long as your qualifications match those required for the position you are now being offered, then a H-1B is possible.