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File the H-1B Visa Application under the Advanced-Degree Cap

Dr. William:

I will get my PhD degree in engineering next year May, a company plans to file a H-1B visa application for me under the advanced-degree cap. But I am not sure if I should apply for OPT first, just in case if I can not graduate in time to file the H-1B application and before all the H-1B advanced-degree cap numbers used.

Answer:

If you want to file the H-1B visa application under the advanced-degree cap for Year 2007, you must have completed all requirements of your degree program successfully prior to filing the H-1B petition. As a May 2007 graduate, you should review all your graduation requirements. Filings for the FY2008 cap begin on April 1, 2007. If you can not finish all the graduation requirements, you can apply for OPT first.

The H-1B visa numbers could be depleted before some graduate can even have their cases filed. If you will not complete conditions for graduation prior to April 1, 2007, you may wish to investigate the possibility of extending the program of study into the fall semester.




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