H1B eligibility for 2013 Quota.

HI I am currently working in L1-B VISA which is valid till July 2014. I was hoping to file a h1b- visa through my employer this year.

I have done 12year education + 3years of diploma (which is equal to 1 year of degree) & 8 + years of experience. To apply for an H1-B , you should have 12+3years of degree + 3 Year of experience to meet 12+4 years of education.

To compensate for the education I should have 9 years of experience which I will have by August 2013.

So my question is in case I apply for my H1-B in April without education evaluation & they send me the RFE in May or June. I still have 3 more months to reply to that RFE. I will be having 9 years of education on 2nd of Aug. Then I can reply with the current education evaluation.

Can this approach be applied for filing my H1-B this Year. Please let me know ASAP.

I am not 100% sure, but I think they will look at what education/experience you had when the H-1 was filed, which is April 2013. If that is correct, then those additional months will not help your case.

I strongly encourage to get the education evaluation done. Maybe your education comes as 2 years, which allows you to qualify for H-1 (after adding relevant work experience).

Have you already finalized an employer?

Thanks Saurabh…My employer applied for my L to H VISA in 2012 quota…they did the education evaluation for me & said that my 3 years engineering diploma is only equivalent to 1 Year of Degree. That’s why we withdrawn that case from USCIS.

With that respect to compensate my 3 years of education(to complete that 12+4 years criteria) I need 9 years of experience which I’ll be completing in August 2013.