New H1B petition on an MBA

[yamijalav]

Hi
I am currently on an OPT on my Associates Degree of Paralegal. Prior to that, I have an MBA from India which was equivalent to US Masters when I got the evaluation done.
I am currently working as an Hr/ immigration coordinator for a small IT firm.

Is there a possibility for my current employer to file for my H1B petition as a Hr specialist or on any other job position based on my educational qualification.

If yes, do I come under the H1B cap.

Thanks.

[raghvi]

Hi
I am currently on an OPT on my Associates Degree of Paralegal. Prior to that, I have an MBA from India which was equivalent to US Masters when I got the evaluation done.
I am currently working as an Hr/ immigration coordinator for a small IT firm.

Is there a possibility for my current employer to file for my H1B petition as a Hr specialist or on any other job position based on my educational qualification.

If yes, do I come under the H1B cap.

Thanks.

Only if you have had an approved H1 petition in last 6 years OR the employer is a non profit organization then you would not be subjected to the cap.

If you are thinking about the 20,000 Cap for US master's which is in addition to the regular 65,000 annual H1B cap then you would still be subject to cap as the 20,000 is only for Masters done in US not for Masters equivalent to US Masters. Educational equivalency will be useful when you file a green card but thats a different topic.

This is my opinion not legal advice.

[kabkaba]

IF your job requires at least a Bachelor's degree, then H1 petition can be filed when the annual cap opens.