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Would a Masters degree compensate for less work experience while filing H1b?

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  • Would a Masters degree compensate for less work experience while filing H1b?

    Hi Everyone, I am on OPT working for a desi consulting firm and the client X is a public utility. The client X is now offering me a full time position. I have the following questions and would really appreciate your help.
    1. Is public utility a non-profit company(cap exempt)? How do I know if a company is cap Exempt?(I know it has to be affiliated to some university or research organization) is there any website to confirm?
    2. I have less experience than what is mentioned in the job description. Would my Masters degree compensate for it? frankly asking, can I add some fake experience for couple years on my resume when they file my H1b next year? any chances of RFE?
    3. Will there be a check(verification) on my resume while h1b filing if I add some non-US experience?
    Thanks in advance.

  • #2
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    • #3
      Originally posted by sobi View Post
      Hi Everyone, I am on OPT working for a desi consulting firm and the client X is a public utility. The client X is now offering me a full time position. I have the following questions and would really appreciate your help.
      1. Is public utility a non-profit company(cap exempt)? How do I know if a company is cap Exempt?(I know it has to be affiliated to some university or research organization) is there any website to confirm?
      2. I have less experience than what is mentioned in the job description. Would my Masters degree compensate for it? frankly asking, can I add some fake experience for couple years on my resume when they file my H1b next year? any chances of RFE?
      3. Will there be a check(verification) on my resume while h1b filing if I add some non-US experience?
      Thanks in advance.
      1. Only your employer can determine if they are cap-exempt or not. Some public utilities are considered government entities, and some are not. Many are for-profit entities.
      2. Why does USCIS need to know what the employer’s requirements for the job are? If the employer is willing to hire you even though they know you don’t have the normally required experience, there should be no problem. All USCIS cares about is whether or not the job is a specialty occupation – a position that requires someone with at least a Bachelor’s degree in a specific field.
      3. See answer number 2- no reason to unnecessarily commit fraud.

      Comment


      • #4
        Originally posted by lisaanderson View Post
        1. Only your employer can determine if they are cap-exempt or not. Some public utilities are considered government entities, and some are not. Many are for-profit entities.
        2. Why does USCIS need to know what the employer’s requirements for the job are? If the employer is willing to hire you even though they know you don’t have the normally required experience, there should be no problem. All USCIS cares about is whether or not the job is a specialty occupation – a position that requires someone with at least a Bachelor’s degree in a specific field.
        3. See answer number 2- no reason to unnecessarily commit fraud.
        Thanks Lisa for your response. I have some followup questions.

        For point number 1. The employer says they are non-profit but at the same time are not affiliated to any university nor are they related to any research field(per USCIS). In fact they too are not sure if they come under Cap-Exempt as they have not done any H1bs in the past 10 years. In this case what category would they come under?

        2. I completely agree with your answer but what if the minimum requirement (as per employer's job description) for the position is Associate Degree? On the other hand the same job per USCIS(Occupational Outlook Handbook: http://www.bls.gov/ooh/a-z-index.htm) requires bachelor's degree as minimum. In this case, does USCIS goes with OOH or employer's job advertisement to determine the minimum requirement?
        3. Agree

        I would appreciate your response Thanks.

        Comment


        • #5
          Originally posted by sobi View Post
          Thanks Lisa for your response. I have some followup questions.

          For point number 1. The employer says they are non-profit but at the same time are not affiliated to any university nor are they related to any research field(per USCIS). In fact they too are not sure if they come under Cap-Exempt as they have not done any H1bs in the past 10 years. In this case what category would they come under?

          2. I completely agree with your answer but what if the minimum requirement (as per employer's job description) for the position is Associate Degree? On the other hand the same job per USCIS(Occupational Outlook Handbook: http://www.bls.gov/ooh/a-z-index.htm) requires bachelor's degree as minimum. In this case, does USCIS goes with OOH or employer's job advertisement to determine the minimum requirement?
          3. Agree

          I would appreciate your response Thanks.
          1. Check out an article about being Cap-Exempt, specifically the section for “Petitioners.” If they are not exempt, then they must go through the regular H-1B cap.
          2. USCIS will go with OOH because they don’t know the employer requirement unless the employer tells USCIS (which would not be very smart). Your attorney will take care of this when they are preparing the petition.

          Comment


          • #6
            Originally posted by lisaanderson View Post
            1. Check out an article about being Cap-Exempt, specifically the section for “Petitioners.” If they are not exempt, then they must go through the regular H-1B cap.
            2. USCIS will go with OOH because they don’t know the employer requirement unless the employer tells USCIS (which would not be very smart). Your attorney will take care of this when they are preparing the petition.
            Thank you so much Lisa. I appreciate your help.

            Comment

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