H1B REF to prove that my univ is certified as an institution of higher education


harry09

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Hi,

i have applied for H1b PP this year. i got a REF to prove that my univ is certified as an institution of higher education as described under Section 101 (a) of Higher Education Act of 1965, (pub. Law 89-32), 20 U.S.C.

has any one who studied in ********* University or any other got this kind of RFE? if so can you please let me know how you answered this RFE.

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Hi,

i have applied for H1b PP this year. i got a REF to prove that my univ is certified as an institution of higher education as described under Section 101 (a) of Higher Education Act of 1965, (pub. Law 89-32), 20 U.S.C.

has any one who studied in ********* University or any other got this kind of RFE? if so can you please let me know how you answered this RFE.

Okay, so your univ is not accr, and if I am not wrong you have applied your H1 under master's quota.

If this is true, then most probably your H1 will be rejected. If an wrong, then get that document from your school DSO office.

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Its not about Accrediation, USCIS is asking to prove beloe 5 points, my DSO gave a letter satisfying 4 points, he told me that they cannot satisfy the 4th point as univ is not public or non profit organization.

(a) Institution of higher education

For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—

(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of section 1091 (d) of this title;

(2) is legally authorized within such State to provide a program of education beyond secondary education;

(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;

(4) is a public or other nonprofit institution; and

<a name="a_5"> (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.

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Its not about Accrediation, USCIS is asking to prove beloe 5 points, my DSO gave a letter satisfying 4 points, he told me that they cannot satisfy the 4th point as univ is not public or non profit organization.

So, that's clear now. USCIS wants degree from public university. I am not sure whether this is a new req for H1 or it already existed before.

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So, that's clear now. USCIS wants degree from public university. I am not sure whether this is a new req for H1 or it already existed before.

That has been in the law from the beginning. They are nowadays enforcing it.

For the H1 Advanced Degree quota, the degree has to be from an accredited public or non-profit private university. That covers universities like Stanford, which is a non-profit private university.

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That has been in the law from the beginning. They are nowadays enforcing it.

For the H1 Advanced Degree quota, the degree has to be from an accredited public or non-profit private university. That covers universities like Stanford, which is a non-profit private university.

Thanks for the info.

I personally like this requirement.

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Hi JoeF,

So, if i answer the RFE with the letter which my Univ provided, Is there any chance my H1 gets approved?

If the university is a for-profit private university, you can NOT use their degree for the H1 advanced quota.

If you did, the H1 will get denied. ANd of course, with the quota full, you can not re-apply for the normal quota.

I am wondering, does the employer have a lawyer??? A good immigration lawyer would have spotted this, and applied in the normal quota to begin with.

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hey - how did you respond to such RFE? - I have the same RFE and I am unsure how to respond to this one. What was the outcome of your case ??? you got approved or denied ?

My attorney was not sure how to answer this. There is no way to prove that Univ is Public or Non- profit org.

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My attorney was not sure how to answer this. There is no way to prove that Univ is Public or Non- profit org.

The H1 will get denied.

The law does not allow to use a degree from a for-profit university for the advanced degree H1 quota. Period.

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  • 2 weeks later...

Hello,

I have applied for my H1b (Master Cap) this April year 2013. I have received RFE and NOID.

Could any one please help me to resolve my case.

NOID is about my university, Below is the details that i received from USCIS.

A review of our records indicate that ************** university, located in Fallschurch VA is for a private profit organization.

In order to qualify for master cap exemption, the beneficiary has to obtain a master degree from an institute of higher education as defined, as folloes, in section 101(a) of the higher education act of 1965, Pub.Law 89.329, 20 U.S.C section 1001(a)

Could any one please suggest me what should i reply to USCIS at this point? i will appreciate your help. please urgent.

Thanks,

Mitesh

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HI, i have same case, got NOID for university education issue. please provide me information how to answer this NOID. thanks.

Hello,

I have applied for my H1b (Master Cap) this April year 2013. I have received RFE and NOID.

Could any one please help me to resolve my case.

NOID is about my university, Below is the details that i received from USCIS.

A review of our records indicate that ************** university, located in Fallschurch VA is for a private profit organization.

In order to qualify for master cap exemption, the beneficiary has to obtain a master degree from an institute of higher education as defined, as folloes, in section 101(a) of the higher education act of 1965, Pub.Law 89.329, 20 U.S.C section 1001(a)

Could any one please suggest me what should i reply to USCIS at this point? i will appreciate your help. please urgent.

Thanks,

Mitesh

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What was said above applies here as well. You can NOT get an H1 in the advanced degree quota with a degree from *********. ********** is a for-profit university, and degrees from for-profit institutions can NOT be used for the H1 advanced degree quota.

The H1 WILL get denied.

The lesson to be learned is to stay away from such barely legal, 4-tier institutions like ************.

Attend a REAL university!

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there are few people i know, they are from same *********** uni and they got approved their h1b without any query or RFE. i dont know how come this happend to my my case. people get approved h1b with this university even in master's quota. i have seen those people already. i dont know. well. thank you for your response tho. lets see what will happen to my case. any more suggetion?

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@ Rahul412

Hi Rahul, thanks for your response. currently i am on STEM OPT and its valid till July 2013. i am on Stem OPT status rightnow. do you you have any idea what should i do to maintain my status after July 2013? please suggest me if there's something that could help me at this point of situation? I spoke to my university DSO and they provide me written letter for my NOID RFE query, that mention that ********** uni is accredited and all the other informaiton. but its profit institution. so i dont have any idea. thank you.

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there are few people i know, they are from same *********** uni and they got approved their h1b without any query or RFE. i dont know how come this happend to my my case. people get approved h1b with this university even in master's quota. i have seen those people already. i dont know. well. thank you for your response tho. lets see what will happen to my case. any more suggetion?

First off, these people may not have used the degree from ************* for their H1 application.

If they did, they will get into problems when they renew the H1.

USCIS is nowadays enforcing the law...

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