H1B Extention RFE

[Mahindravarma]

Hi,

Recently my company applied for my 2nd H1extention and got an RFE regarding the accreditation of my masters degree from Stratford university. Seems it's a For profit and not eligible for Masters H1b cap and may due to that uscis don't find this university in their list. In the RFE they didn't mention about this but all they said is they can't find the university in their list of colleges. Its been almost 6 years on H1 and I had my 1st Extention based on 140 approval also never had this issue. Can you please suggest what is the best way to answer the RFE. Is their any other way if the h1 is denied like converting to L1 etc?

I got a letter from the university about their accreditation etc so that I can send that as they just asked about the accreditation as of now.

[hangover]

At the time of h1 approval for first time, general quota was still available or completed?

[Attorney_15]

I've dealt with this issue and it should not matter if the general quota was reached or not. Under the immigration law, USCIS should not be making a person subject to the cap again if there was no fraud or misrepresentation in the original case. The legal error by USCIS should be pointed out and explained.

 

In these RFEs and NOIRs, USCIS does not question the fact that the school is accredited. The problem that USCIS raises is Stratford University is a for-profit university and its degrees do not qualify for the Master's Cap.