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Everything posted by SanBob

  1. Hello All, I am facing a wierd situation right now. I'll keep it straight. I graduated from Stratford University back in 2010. I got OPT later and also STEM extension, that's 27 months total. I applied for H1-B in Master's quota in May of 2012 and got it approved for 1 year. This year in 2013, I applied for my H1-B extension. Then I got this surprise from USCIS. They sent an intend to denial notice saying that the University I graduated in 2010 is a for-profit private University and I am not eligible to apply for H1-B visa under Master's CAP gap. They also mentioned that it was a gross error from their side to approve my H1-B when I first applied in 2012. So, they are considering to deny my visa. My attorney submitted their argument on this and today I was told that my H1-B visa is denied. If USCIS should have told me in 2012 when I first applied, that I am not eligible under Master's CAP gap, then I would have applied under general as H1-Bs were available till August if I remember it right for that year. They APPROVED then and DENIED my extension now digging back to the already approved visa. I don't understand how could they deny an already approved visa(I know they can as this is USA) when I am applying for an EXTENSION but not a new one. None of them with whom I discussed could give me a suggestion, but rolled their eyes listening to this strange case. I would like to request if anyone have heard/faced similar situation. To add more sorrow, my project got extended for 6 more months making 2 years for the current client. How can I be happy when I heard this news about my H1-B? (just sharing)
  2. One last thing guys, Stratford was not a cheap and easy univ when I did masters back in 2010. It costed me almost the same(May be few thousand dollars less than some big univs) to get the degree and importantly, I had to attend ALL the classes in ALL quarters to get the degree. It was and still now not like other univs that give cpt for your course period. I am not saying all these to defend that univ, just wanted to make sure to those with some negative opinions about these medium range univs that they give for your entire course and you don't have to attend classes. Our dean was very particular about attending classes. I never got a day of cpt in my course period. I applied for opt after completing masters. All I wanted to say is I did not join Stratford because it was cheap and easy(at least when I graduated).
  3. @t75, what you said is right. That's what I am doing now. Alerting family and friends about theses cases. @joeF, all you can do is BLAME BLAME BLAME. I told hundred times that this is already happened. And you keep telling me to take responsibility. If not I, who else would take responsibility?? Thanks for your replies dude, please take a break. I do not want to extend this conversation. I never saw a person like you who keeps blaming someone for the mistake already happened. I pity about the people around/in your life. Please stop boss. Consider this as my final request. Thanks for all the suggestions guys. I am leaving US in couple of days. I hope at least few people got some answers from my case. All the best to those who are having similar issues. My sincere suggestion is to go for a better attorney who knows what they are talking about. Few replies in this thread really made me to think that I made a wrong decision by posting my issue here. Be aware of these negative people. All they do is just blame you for the things already done and they won't give any suggestions. Wishing everyone a very happy new year ahead. Take care guys :)
  4. Wow, now everyone's started talking. To be clear, I am not blaming anyone here. I do not know this for profit univ and details when I joined that univ. All I knew was it has accreditation. I thought that would do. I told many times that my attorneys did not alert me when filing h1. I am not blaming them as well. USCIS just started looking into this rule seriously. I don't know what to say as no one can understand my loss except me. As I said, I posted my opinion here to get some suggestions or to help someone. If you have any suggestions, please let me or others know. Or else, I don't need your blame as you have no right to do so. It is already done and that's my loss. Sad to see people blaming someone when they are already in pain. Things might have worked well for few, but not to all. Stop this blaming game. Thanks!
  5. @t75...dude, don't just post whatever you like. I did not start this thread to hear stupid comments like yours. This clearly shows you did not understand my issue. I did not get a degree from a shady university. It's just profit organization. The univ I did masters has got accreditation and masters has a value. That's purely the mistake of the attorney who filled my application without following the proper rules. The attorney firm has accepted their failure and you are blaming me here. I did my research and even posted my solution here thinking that would help others. You have no right to blame me. If possible give a suggestion or spread the word so that it helps others. If I or anyone knew about what happens in future, no one gets issues. I am leaving everything behind, sold my car, in the process of paying credit cards and am leaving the country properly. If I have chosen the easy way, I need not do all these. I can just fly back. Think few times before posting some comments. Try to understand other's pain you jobless jack.
  6. Alright guys, here's my final update on my case. I have to leave the country. After talking to many attorneys and after many discussions, I have to make this decision as there is no option left. In my case, I filed for my first H1 on June 5th, 2012 and got approval on Oct 11th, 2012 as I had an RFE in between. In the same year, the regular quota was closed by June 11th, 2012. Few attorneys told me that I am eligible to file a motion to reopen as I applied for H1 before the quota is closed. But now, the same attorneys are saying I can't win this. The reason is, though I applied for H1 before the quota is closed, my H1 case was reviewed in October and was approved on Oct 11th meaning at the time of approval the quota is already closed. So, I do not have any other option as I already got my H1 denial notice. I am taking it hard on my Company's attorney as it was their mistake to file me under Master's Cap Gap when my University is not eligible. They are saying USCIS never enforced this law until now. That's so irresponsible answer from their side. I am trying to proceed legally on them and they SCREWED my career. I have been working with this client for more than 18 months now and I got an year extension and also my Manager is interested in offering me full time next year. At this point, I have to leave the country for the mistake done by my attorneys. My advice to all those having the same issue is, see if your case was approved in any year when the quota is still open. If so, you can file a case can win. That's what many attorneys I spoke to did and won. All the best to those struggling with similar issue. Hopefully I'll shape a good career back home :)
  7. SanBob

    H1B Extension RFE for "Profit university"

    Harry 1903, I am having the same case like you right now. My initial H1 was approved in 2012 and got it for an year. When I applied for extension in 2013, they went back to the University's status saying it is a profit University and they literally denied my H1. You have a valid argument to make here. What I understood from your question is, you applied for H1 in 2010, that means for FY 2011. I came to know from my friends who applied the same year that the H1 quota was open till Jan 26th of 2011. As you were approved the same year, meaning at the time of your approval the quota is still open, that means USCIS should have moved you to general quota if they thought you won't fit under Master's cap gap. If you get a solid attorney, you can argue on this point and win. I am not saying all these just like that. I spent hundreds of dollars in taking appointments with attorneys and many friends helped me with their research and also from their company attorneys. Unfortunately for my case, I don't have this option as I applied for H1 in June 5, 2012 and quota completed on June 11, 2012. But my H1 was approved on Oct 11, 2012 after an RFE. Thought I applied just few days before the quota completed, considering my approval date, I can't really make a solid rgument. The attorney said I'll have a 50-50 chance to win the case as the point is very weak in my side. Atleast you got an RFE, I directly got an intent to deny and finally got a denial notice. Hope my research helps you. All the best!
  8. Catx, You may be right. Thanks for your response though. Now, I almost lost my hopes. Snagit, I sent it to California Service Center. Also, the answer to you other question to Jairichi is YES. It was mentioned in my RFE that when I applied for my extension in 2013, they tried to consider me to general cap gap as I am not eligible for Master's but they could not as general was filled by April 8th(the above sentence was mentioned in my RFE). Hope this helps.
  9. By the way Jairichi, the University I graduated from is accredited. It's just not non-profit.
  10. Jairichi, I know it's a law(Ofcourse I knew this after it happened to me). But was never enforced until last year(What about all those thousands of people who got H1s from such Universities all these years?). I got my H1 even before they started to enforce the law. So, how can they go back and cancel my H1? You know that America keeps changing their policies, but they implement to the later applicants, not to the former. I am not arguing here. Just feeling it as injustice. By the way, the mistake you are saying they are rectifying is costing my life.