H1-B stamping in INDIA- Query on College Accreditition

[JoeF]

First , OP did not apply for H1; his employer applied . H1 is an employer's petition.

Second, an employer can very well as for Masters Degree. It might as well be a job requirement.

Well, the OP didn't have a Masters Degree. the OP falsely claimed to have a Masters Degree.

[chakrakr]

You can argue as much as you want but finally it does not matter. If the employee knew that the university was unaccredited and still gave it for H1B application then I would say he also is at fault. You cannot assume that someone else will find out the problem. Eventually it is not his employer who has been asked the question, it is the OP. The onus is on him to answer the question not his employer. There is no way the OP can prove that his university was accredited when he graduated, on that count alone he is in trouble. Visa officers go on evidence not on speculations and allegations. The OP can complain about his employer but that wouldn't get him anywhere close to getting the visa. Even if it is proven that his employer is at fault, his H1B is invalid anyways. Using that degree by mistake can evoke sympathy but will not get him the visa. He should consult a lawyer to see if at all he can salvage something out of this at the moment.

You probably could not comprehend the posts. I guess everybody understand that OPs visa process is over. To help you read and understand, here is what I wrote in my first post --"OP's current H1 is over. It cannot proceed given current scenario."

My argument was , OP did not commit any such henious crime that he will face a lifelong ban

[JoeF]

My argument was , OP did not commit any such henious crime that he will face a lifelong ban

Yes he did. The OP claimed to have a Masters degree when he didn't have such a degree. That is fraud, misrepresentation, and hiding a material fact, which ican lead to a lifelong ban.

[chakrakr]

Well, the OP didn't have a Masters Degree. the OP falsely claimed to have a Masters Degree.

OP DID have a Master's degree --- albeit from an unaccredited institution. And if all , from OP's employer to CIS accepted it as a legit Master's degree why OP should be the only one to face a harsh punishment like a permanent ban ? Where are the sticks for other in this game --- OP's employer, CIS ... ??

[JoeF]

OP DID have a Master's degree --- albeit from an unaccredited institution.

That means he didn't have a Masters degree. A "degree" from a non-accredited institution is not a degree. It is fake. It is not different than just printing some document yourself.

He lied about having a Masters degree. That's why he is in big trouble, up to a permanent ban.

[chakrakr]

Yes he did. The OP claimed to have a Masters degree when he didn't have such a degree. That is fraud, misrepresentation, and hiding a material fact, which ican lead to a lifelong ban.

If he did not have a Masters degree, he indeed commited a crime. But from his post I had a feeling he DID have a Masters, albeit from an unaccredited institution. He never said that his degree is from Harvard or MIT . He always maintained (to employer, CIS, VO) that it is from ****. It is NOT fraud. It is your opinion that OP will have a lifelong ban and it is my opinion that OP will not have lifelong ban. Let us leave it here and see how OP fares if he applies for H1 again (using a degree from accredited institute).

[chakrakr]

That means he didn't have a Masters degree. A "degree" from a non-accredited institution is not a degree. It is fake. It is not different than just printing some document yourself.

He lied about having a Masters degree. That's why he is in big trouble, up to a permanent ban.

Again, all of these is just your opinion. Remember, OPs employer as well as CIS all accepted that degree as a Masters degree. Even VO did not say OP does not have a Masters or that he lied. OPs possibility of a permanent ban is not more than his possibility of a lightning strike.

[JoeF]

If he did not have a Masters degree, he indeed commited a crime. But from his post I had a feeling he DID have a Masters, albeit from an unaccredited institution.

And that means he doesn't have a Masters, he has a worthless piece of paper.

Let us leave it here and see how OP fares if he applies for H1 again (using a degree from accredited institute).

Well, since he worked illegally for over a year, he'd have a 10-year ban at minimum.

And by falsely representing a worthless piece of paper as a Masters degree, it is rather likely that he would get a lifelong ban.

In any case, his career in the US is over.

[chakrakr]

And that means he doesn't have a Masters, he has a worthless piece of paper.

That is your opinion. No one else -- right from Employer, CIS, VO said that he doesn't have a Masters.

Well, since he worked illegally for over a year, he'd have a 10-year ban at minimum.

He had a VALID approved petition and I-94 while working. That is NOT illegal work AFAIK

And by falsely representing a worthless piece of paper as a Masters degree, it is rather likely that he would get a lifelong ban.

In any case, his career in the US is over.

Again , that is just your opinion.

[JoeF]

That is your opinion. No one else -- right from Employer, CIS, VO said that he doesn't have a Masters.

Huh?

A college degree by definition can only come from an accredited institution.

Anything else is just some piece of printed paper with absolutely no legal meaning.

He had a VALID approved petition and I-94 while working. That is NOT illegal work AFAIK

Since it was approved only because a material fact was hidden, USCIS is likely to revoke that approval and make him illegal retroactively.

It is standing policy of USCIS. If they gave out an immigration benefit based on false information, they consider it never being issued once they find out.

It is therefore likely that USCIS will revoke the H1 retroactively, making the OP illegal retroactively. That would mean the OP worked illegally for over a year, which in turn results in a 10-year ban.

And in addition, hiding a material fact, as the OP did, can result in a lifelong ban.

While this is my opinion (everything posted here or on any other Internet forum is), it is based on long-standing USCIS policy.

Case closed.