I140 Denied - Non Accredited University


strams

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Hi,

I applied for I140 in EB2 category with company A and it has been denied by USCIS with a reason that I have my Masters degree from a non-accredited university. I told the lawyer about this before filing but they still went ahead with my application and I got the denial letter on Jan 20th 2017. And now the lawyers are not willing to file an appeal or even a new application. 
I have my 7th year H1B extension based on approved labor approved in Jan 2017 until Sept 30th 2018. My 7th year H1b starts from october 1st 2017. I am now trying to change companies and start my GC application all over again, since my previous PERM has expired.

Can anyone please let me know  

1. If there will be any issues if I transfer my H1B to another company now? Will this effect my 7th year extension since the basis for the extension - an approved labor is now void?

2. If there will be a problem if I file my new application in EB2 category with bachelors degree and 5 years of experience? 

3. Or is it best to apply in EB3 category? 

Also, please let me know if there are any other options.

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Why in the world did you even mention that fake degree to the lawyer?

This is in your file now, so every application from you will now be scrutinized. They may even double-check your bachelor degree, because you went to a fake school, so they may think it wasn't the first time.

An H1 transfer is unlikely to be approved.

Find a real employer, not a consulting company, and then go for EB3.

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I did not know about my university losing accreditation till the lawyers had already begin GC application, I asked them if this would pose an issue and they were confident it wouldn't. 

If H1 transfer is unlikely to be approved, what other options do I have to change employer and go for EB3? Do you think if transferring to Primary vendor help?

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Hmm, care to tell us which university this is?

Is this related to the ACICS accreditor losing recognition by DoE?

I am not aware of any institution recently losing accreditation other than due to the ACICS issue. There were a bunch of fake, unaccredited institutions that got closed.

If the institution was accredited when you got the degree it should be ok, although USCIS apparently hasn't issued guidance on that: https://www.murthy.com/2016/12/29/doe-response-to-mlf-attorneys-on-validity-of-degree-issued-prior-to-universitys-loss-of-accreditation/

 

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