School Closed Eligibility for EB2

[bhnchandar]

Hi Everyone,

 

I have completed my Master's in 2010 December and in July 2011 there is a raid on our school (****)I was on OPT at that time and i have used OPT only for 7 months since my school is under risk so I have filed for H1B and moved on and my H1B was approved for 3 years with a big RFE. Luckily I did not do any fraud and I have completed my Master's with valid F1-status.

 

Also, recently went to canada Vancouver for stamping and got stamped for 3 years till 2016.

 

I want to start my GC processing now so my question is will I be able to file it in EB2 since my school is closed. Am I eligible to file under EB2?

[JoeF]

For an immigration benefit, like EB2, the degree has to be from an ACCREDITED university.

That fraud you attended hasn't been accredited since August 2008.

You can NOT use the fake degree from them for anything, except maybe toilet paper.

You threw your money out the window.

[rahul412]

Hi Everyone,

 

I have completed my Master's in 2010 December and in July 2011 there is a raid on our school (****)I was on OPT at that time and i have used OPT only for 7 months since my school is under risk so I have filed for H1B and moved on and my H1B was approved for 3 years with a big RFE. Luckily I did not do any fraud and I have completed my Master's with valid F1-status.

 

Also, recently went to canada Vancouver for stamping and got stamped for 3 years till 2016.

 

I want to start my GC processing now so my question is will I be able to file it in EB2 since my school is closed. Am I eligible to file under EB2?

You cannot since that university is not accredited. You didn't do any fraud but your university did it, so any document related to that univ is useless.

[jairichi]

@ JoeF & Rahul412: So what happens to the approved H1B in this case?

[rahul412]

@ JoeF & Rahul412: So what happens to the approved H1B in this case?

Here is my understanding, since now it's official that it lost accreditation any document given by that univ will be invalid so all the H1's issued based on those documents will become invalid.

[JoeF]

@ JoeF & Rahul412: So what happens to the approved H1B in this case?

If you used the fake degree from this fraudulent institution for the H1, expect to run into problems when going for stamping or H1 renewal.

A degree from an unaccredited institution can NOT be used for an H1, can NOT be used for a GC.

Using a degree from an unaccredited institution would be immigration fraud, which can lead to a permanent ban.

[JoeF]

Here is my understanding, since now it's official that it lost accreditation any document given by that univ will be invalid so all the H1's issued based on those documents will become invalid.

**** lost accreditation in 2008. They got CLOSED two weeks back. A whole different thing.

The OP is in very deep trouble if he used a degree from **** issued in 2010 for his H1. That "degree" was invalid back then already.

[rahul412]

**** lost accreditation in 2008. They got CLOSED two weeks back. A whole different thing.

The OP is in very deep trouble if he used a degree from **** issued in 2010 for his H1. That "degree" was invalid back then already.

Then how did USCIS approved the H1 petition??

[jairichi]

Then how did USCIS approved the H1 petition??

This is my question too

[JoeF]

Then how did USCIS approved the H1 petition??

The examiner apparently didn't check the accreditation. USCIS sometimes makes mistakes...

It still is immigration fraud.

[bhnchandar]

Hi Mr. Rahul and JoeF,

I don't think u guys know nothing about the immigration rules.

Once I have filed for H1B based on my Masters and I was issued an RFE asking for all evidences that I was under valid F1 Staus and to provide all the book receipts and fee receipts since the school I was studied doesn't have the accredation from one of the 3 accredation boards but this school on its website says that it is accredited. So the people who came for the first time to USA know to just check the school website for the accredation information so, I did the same and paid the fee and how u can say that my degree is fake. Do you know the meaning of fake?

If at all I would have bought my Masters from some university then it's called fake and I didn't do that for your kind information, I have completed my masters by paying the fee and attending the school for myself and you say it is fake. When you don't know just do not answer.

I have been watching you guys giving ********** answers in this forum to the people.

So, again my question is whether I will be eligible for EB2 or not.

I am not asking you guys to validate my H1B. I know it is valid if my H1B is not valid why did USCIS approve it and why did they put visa stamp on my passport. So, do you want to send the people who are on H1B from same university? What are u trying to prove by giving such answers in this forums.

If you cannot answer please do not answer.

[omshiv]

OP said he got a BIG RFE..maybe it was based on the Fraud school.

 

Also OP..you dont decide if you want EB2 or EB1 or whatever..it depends on the Job Desc..and if you try to manipulate it working along with your ************* fraud employer..then expect more trouble and book a 1 way ticket back to AP.

[ateetshah]

I think the whole closed school vs accreditation status change needs an USCIS review and guidance. There is no current method that fits all cases and situations. What would all of us benefit is from a clear USCIS guidance on how to adjudicate various cases in specific situations.

People have been victimized to an extent by many schools. Some in right way and some in wrong. Hopefully most of people in such situation will get a closure.

[rahul412]

I have been watching you guys giving ********** answers in this forum to the people.

So, again my question is whether I will be eligible for EB2 or not.

I am not asking you guys to validate my H1B. I know it is valid if my H1B is not valid why did USCIS approve it and why did they put visa stamp on my passport. So, do you want to send the people who are on H1B from same university? What are u trying to prove by giving such answers in this forums.

If you cannot answer please do not answer.

I am not blaming you for this mess. I am blaming USCIS for approving your H1 petition that used a degree from non-accreditation university.

 

Coming to your EB2, if you are using this degree for that job then obviously you can expect issues.Just ask your company attorney if you are not satisfied with this response.

[jairichi]

Hi Mr. Rahul and JoeF,

I don't think u guys know nothing about the immigration rules.

Once I have filed for H1B based on my Masters and I was issued an RFE asking for all evidences that I was under valid F1 Staus and to provide all the book receipts and fee receipts since the school I was studied doesn't have the accredation from one of the 3 accredation boards but this school on its website says that it is accredited. So the people who came for the first time to USA know to just check the school website for the accredation information so, I did the same and paid the fee and how u can say that my degree is fake. Do you know the meaning of fake?

If at all I would have bought my Masters from some university then it's called fake and I didn't do that for your kind information, I have completed my masters by paying the fee and attending the school for myself and you say it is fake. When you don't know just do not answer.

I have been watching you guys giving ********** answers in this forum to the people.

So, again my question is whether I will be eligible for EB2 or not.

I am not asking you guys to validate my H1B. I know it is valid if my H1B is not valid why did USCIS approve it and why did they put visa stamp on my passport. So, do you want to send the people who are on H1B from same university? What are u trying to prove by giving such answers in this forums.

If you cannot answer please do not answer.

EB2 is done by employer. Your employer's attorney is the best one to give you a definitive answer.

[ineedgc555]

@bhnchandar: You were just plain lucky this time to get your valid H1 petition approved, and getting your stamping done. Since **** is officially closed now, may be USCIS will go back and check for all the petitions it has approved in the past, and start sending Denial notices (just a thought, IMO). Either way, be prepared for worst and have a solution ready all the time till you get a GC or the Ctzshp. I am not scaring you or anything, but everyone has right to say whatever their opinion is on this public forum. You cant say "If you cannot answer please do not answer." Good luck on your GC, hopefully you will be lucky to use your Masters.

[rahul412]

I have been watching you guys giving ********** answers in this forum to the people.

If my replies are ******** then please let me know, so that next time I will make sure that I won't repeat it.

I understand your situation, because for people like us H1 is life.

[JoeF]

Hi Mr. Rahul and JoeF,

I don't think u guys know nothing about the immigration rules.

 

 

It is YOU who doesn't know anything about the immigration rules.

A degree from a non-accredited institution can NOT be used for an H1, and it can NOT be used for a GC. Period.

If you used your degree from **** for your H1, you committed immigration fraud. Period.

USCIS approved your H1 in error.

It WILL get denied, and you likely to face a ban for life for hiding a material fact.

Instead of trying to fight with us, I suggest you discuss your situation with a good immigration lawyer ASAP. You will find that any good immigration lawyer will tell you the same thing we did.

 

 

[JoeF]

I think the whole closed school vs accreditation status change needs an USCIS review and guidance. There is no current method that fits all cases and situations. What would all of us benefit is from a clear USCIS guidance on how to adjudicate various cases in specific situations.

People have been victimized to an extent by many schools. Some in right way and some in wrong. Hopefully most of people in such situation will get a closure.

The rules are VERY clear: the degree has to be from an ACCREDITED university. For the H1 Masters quota, in addition, the school has to be a public or non-profit private university.

The fact that it is possible to get SEVIS from a non-accredited institution under certain circumstances is bad, but it does NOT change the fact that degrees from a non-accredited institution can NEVER be used for an H1 or GC.

 

And all this has been discussed a lot. After the raid on TVU, it has been made very clear that people need to stay away from any unaccredited institution. If people still throw their money away, they are clearly learn-resistant and are not college material. The only people who still sign up with these frauds are people who want to abuse the F1 and use CPT to work.

[JoeF]

Hi Mr. Rahul and JoeF,

Once I have filed for H1B based on my Masters and I was issued an RFE asking for all evidences that I was under valid F1 Staus and to provide all the book receipts and fee receipts since the school I was studied doesn't have the accredation from one of the 3 accredation boards but this school on its website says that it is accredited. So the people who came for the first time to USA know to just check the school website for the accredation information so, I did the same and paid the fee and how u can say that my degree is fake. Do you know the meaning of fake?

Care to tell us where and when ****'s website said that it is accredited???

It said (and at Aug. 1 still says) that it is "certified by SCHEV to operate". That has nothing at all to do with being accredited. And that "certification to operate" was revoked by SCHEV, the State Council of Higher Education for Virginia.

**** was accredited by an approved accreditation agency from 2003 to August 6, 2008. It has been non-accredited ever since. And that was well-known and has been discussed here and elsewhere for ages.

 

You got a useless piece of paper from the **** fraud, you wasted your money, and on top you committed immigration fraud by using this paper to get an immigration benefit.

You are in deep deep trouble and instead of posting here, you need to see a good immigration lawyer ASAP.

[JoeF]

EB2 is done by employer. Your employer's attorney is the best one to give you a definitive answer.

Which will be the same the OP got here.

The "degree" from **** can not be used for anything. The OP already committed immigration fraud by using the **** "degree" for his H1.

[rahul412]

Which will be the same the OP got here.

The "degree" from **** can not be used for anything. The OP already committed immigration fraud by using the **** "degree" for his H1.

How can it be a FRAUD when he submitted all the requested documents??

[rahul412]

If you used your degree from **** for your H1, you committed immigration fraud. Period.

USCIS approved your H1 in error.

It WILL get denied, and you likely to face a ban for life for hiding a material fact.

What FRAUD??What's 'hiding a material fact'??

What do you mean by 'approved in error'?? Who are the id**** here?? People who joined these univ's or USCIS officials who approved master's quote H1 petitions without verifying the H1 degree cert??

[JoeF]

What FRAUD??What's 'hiding a material fact'??

What do you mean by 'approved in error'?? Who are the id**** here?? People who joined these univ's or USCIS officials who approved master's quote H1 petitions without verifying the H1 degree cert??

If the OP did not state in the submitted documents that the institution that issued the degree is not accredited, it *IS* hiding a material fact, i.e., a fact, that, had it been known to the examiner, would have affected the outcome of the application.

This is all independent if the examiner should have known or not. It is the applicant's responsibility to provide ALL the necessary information. And the H1 would have been denied had the OP stated that **** is not accredited.

As I said, the OP is in VERY deep trouble. He is facing a lifelong ban.

He needs to see a very good immigration lawyer ASAP.

[rahul412]

If the OP did not state in the submitted documents that the institution that issued the degree is not accredited, it *IS* hiding a material fact, i.e., a fact, that, had it been known to the examiner, would have affected the outcome of the application.

This is all independent if the examiner should have known or not. It is the applicant's responsibility to provide ALL the necessary information. And the H1 would have been denied had the OP stated that **** is not accredited.

As I said, the OP is in VERY deep trouble. He is facing a lifelong ban.

He needs to see a very good immigration lawyer ASAP.

I have never filled H1 papers myself, so if you show me the proof that employer has to state that the degree is from non accredited univ then I will agree with you.