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Mona18

H1 extension Denied - options available

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My h1 extension denied recently based on university I did masters was not qualify for masters quota and we filled initial h1 in masters quota.

When UCICS send query I came to know about this rule.

After denial my lawyer wants to file for motion on decision and F1 for my spouse.

April is a month away so once Its time for new H1 , we want to apply for new H1 on regular quota.

I am not sure if I go for motion or just switch my status to F1 with my spouse. Then Later file for H1 in correct quota.

Any help would be really helpful.

Edited by Mona18
Typos

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For the H1 Master's quota, the university has to be a public or non-profit private university. That has been in the law when the Master's quota was introduced. A motion to reopen would just be a waste of time and money. And a motion to reopen doesn't give you any rights to stay.

Also, getting admission to a real university takes several months. Neither you nor your spouse have that amount of time. So, a change to F1 is not possible.

You will have to leave the country.

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On ‎2‎/‎27‎/‎2018 at 6:58 PM, pontevecchio said:

You mention a lawyer. Have him advise you about the situation. How does one get F1 at any time?

Yes I do have an appointment with Murthy Lawyer and wanted them to look at this. They are so busy now a days that gave me appointment for next week.  We started applying in to colleges since we received NOID so we are successful in a month to receive I-20. Applied for my spouse's F1 already. And will be filling motion in couple of days. 

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19 hours ago, JoeF said:

For the H1 Master's quota, the university has to be a public or non-profit private university. That has been in the law when the Master's quota was introduced. A motion to reopen would just be a waste of time and money. And a motion to reopen doesn't give you any rights to stay.

Also, getting admission to a real university takes several months. Neither you nor your spouse have that amount of time. So, a change to F1 is not possible.

You will have to leave the country.

Thank You for your reply.

Admission didn't took time as we started early more than a month and having degrees form USA helped us to get admission.

Filling motion is a hope to prove my point , that filling in wrong quota was a mistake not crime !!! We spent 10 years here for study and then work here. Never been out of law , not even single driving ticket. Always been on time to pay taxes and what we are getting just to leave the county because of wrong filling ???

what about undocumented people living here !!! Their children's getting work permit when they don't have even single document to show their immigrant status here. What is my daughters fault ???  She is a born citizen here  , then she has more right than undocumented minors. Right ??

I understand you are trying to help me out and just giving me suggestion but these are questions for Government to understand what they are doing. Questioning people who has documents or who don't??? At least give us time to change my H1 Quota.

Hoping one day they have better law than just telling people to leave instantly. Need to understand the situation and give people time to change their mistake. Again its not crime its mistake.

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It was a mistake, bit it was your/your lawyer's mistake. That's why it is pretty much impossible to get a motion to reconsider approved. As I said, a waste of time and money.

And admission to a real university takes more than one month.

And your rant about other people is completely irrelevant and really doesn't belong here. Signing up with a fraud "university" doesn't make you any better.

Life is unfair. Get over it.

Edited by JoeF

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I understand that it is frustrating, but looking down and bashing people who are lower on the socio-economic ladder is really the wrong way.

 

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13 hours ago, JoeF said:

It was a mistake, bit it was your/your lawyer's mistake. That's why it is pretty much impossible to get a motion to reconsider approved. As I said, a waste of time and money.

And admission to a real university takes more than one month.

And your rant about other people is completely irrelevant and really doesn't belong here. Signing up with a fraud "university" doesn't make you any better.

Life is unfair. Get over it.

I didn’t sign up fraud university .. please don’t assume that people who get admission early only getting admission in fraud university only. We verified in the UCICS qualified page and then only took admission- https://nces.ed.gov/collegenavigator

 

 

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12 hours ago, JoeF said:

I understand that it is frustrating, but looking down and bashing people who are lower on the socio-economic ladder is really the wrong way.

 

That’s what whole H1 community feeling currently !!! Working on H1 is a kind of scary in current days ...  we should not scare when we have done all right. You are saying that do not bash people who are living undocumented here !!! Just like it is my mistake (per your opinion) to file In wrong quota .. isn’t it their mistake to come to USA without documents?? Why we should not file motion at least reappeal to reconsider us !!! 

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8 hours ago, directory0818 said:

its a mistake to come to usa! we all are trapped into h1, h4, f1, f2, etc...gc trauma!

Its a sheepish abash that kids are citizens and parents are aliens!

Feeling same ... recently stopped my cousin who was asking which will be better USA , Canada or Australia. We said do not come here on any visa ..

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4 hours ago, Mona18 said:

I didn’t sign up fraud university .. please don’t assume that people who get admission early only getting admission in fraud university only. We verified in the UCICS qualified page and then only took admission- https://nces.ed.gov/collegenavigator

 

 

Even a fraud like TVU had SEVP approval. They submitted fake documents to get it.

Anyway, care to tell us the name of the university? That would easily clear up if it is a legitimate institution.

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4 hours ago, Mona18 said:

That’s what whole H1 community feeling currently !!! Working on H1 is a kind of scary in current days ...  we should not scare when we have done all right. You are saying that do not bash people who are living undocumented here !!! Just like it is my mistake (per your opinion) to file In wrong quota .. isn’t it their mistake to come to USA without documents?? Why we should not file motion at least reappeal to reconsider us !!! 

For example, the kids covered by DACA did not have a choice. Their parents brought them here.

As far as your/your lawyer's mistake, lawyers are supposed to know the law. If your lawyer didn't, it is time to find a better one.

And of course you can file a motion, I am just telling you that it is a waste of time and money. You are free to throw your money out the window.

Edited by JoeF

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3 hours ago, JoeF said:

For example, the kids covered by DACA did not have a choice. Their parents brought them here.

As far as your/your lawyer's mistake, lawyers are supposed to know the law. If your lawyer didn't, it is time to find a better one.

And of course you can file a motion, I am just telling you that it is a waste of time and money. You are free to throw your money out the window.

Thank you Joe 

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