School Closed Eligibility for EB2

[JoeF]

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.

For EVERY application, the applicant has to provide ALL the information required to make a decision.

Hiding a material fact is immigration fraud. And that's even the case if the particular document wasn't explicitly requested.

That's immigration law for you...

[JoeF]

INA 212:

"

© Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible."

Case closed.

[rahul412]

For EVERY application, the applicant has to provide ALL the information required to make a decision.

Hiding a material fact is immigration fraud. And that's even the case if the particular document wasn't explicitly requested.

That's immigration law for you...

Yes, he provided degree cert and transcripts. So where is the 'hiding facts' here??Is their a question related to accreditation while filing H1??

[omshiv]

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??

Dude..haven't you seen in this forum itself many people's 140 got denied after been approved initially by mistake? You call USCIS folks *****. Only if every Tom Dick n Harry had not applied with their fake credentials they wouldn't have been piled up with ****!!!

[GNH]

You cannot use a degree from **** to file for GC on EB2. Your H1B was approved in error and you might face trouble during extension or any stamping in future,

[GNH]

BTW I do not think the OP has to let the USCIS know his degree is from an un credited college. For one the OP will not file his own H1B, a company lawyer does and atleast in my case the company lawyer never asked me if my college was credited or not, I just gave him a copy of my degree. But that aside, I do not think he can file for EB2 with this degree as the GC process invites far more scrutiny.

[JoeF]

You cannot use a degree from **** to file for GC on EB2. Your H1B was approved in error and you might face trouble during extension or any stamping in future,

Not just "might" face trouble. The OP will face trouble. USCIS looks at the file whenever there is some action, and then they will notice that he used a degree from a non-accredited institution. And the consulates also know about ****, in fact have for quite some time, as some of the consular cables leaked by Wikileaks show.

That's why the OP needs to see a very good immigration lawyer like yesterday.

[JoeF]

BTW I do not think the OP has to let the USCIS know his degree is from an un credited college. For one the OP will not file his own H1B, a company lawyer does and atleast in my case the company lawyer never asked me if my college was credited or not, I just gave him a copy of my degree. But that aside, I do not think he can file for EB2 with this degree as the GC process invites far more scrutiny.

Well, most people don't have degrees from a fake university...

I really find it the height of frivolity to use a fake degree for an immigration benefit and hoping that the authorities don't find out...

INA 212 clearly talks about misrepresenting a material fact, in this case presenting a fake degree without informing USCIS (or the lawyer) that the degree came from a non-accredited diploma mill. Because that's what **** was, a diploma mill. Just like TVU or *******.

And this has been discussed on forums for a long time, in particular after the TVU raid and the **** raid. So, the OP had to know that he couldn't use the degree, yet, he went ahead with it anyway, trying to cheat until the end.

And as this thread shows, he still hasn't understood that he dug his hole so deep that he is unlikely to get out of it. He still has an attitude. Apparently, some people never learn. Or only learn when they get deported...

[JoeF]

Yes, he provided degree cert and transcripts. So where is the 'hiding facts' here??Is their a question related to accreditation while filing H1??

It is IRRELEVANT if there is such a question. Hiding the fact that the degree was from a non-accredited diploma mill is the fraud.

INA 212. Please read it.

[rahul412]

BTW I do not think the OP has to let the USCIS know his degree is from an un credited college. For one the OP will not file his own H1B, a company lawyer does and atleast in my case the company lawyer never asked me if my college was credited or not, I just gave him a copy of my degree. But that aside, I do not think he can file for EB2 with this degree as the GC process invites far more scrutiny.

That's what I wanted to know. I went through my lca, 129. No were on those documents mentioning about the school accreditation.

[rahul412]

It is IRRELEVANT if there is such a question. Hiding the fact that the degree was from a non-accredited diploma mill is the fraud.

INA 212. Please read it.

I am still not able to get it, where is the information hiding here after submitting all the req documents?? Nowhere in those H1 filing documents asked about the accreditation.

 

The VERY FIRST difference between the regular and advance quote petitions is the highest degree, so without looking at that degree how can a person approve that petition. They missed to check the degree??

 

It's not just the problem of OP, it's the mistake of the employer who filed it, attorney who reviewed it and the officer who approved it.

[bhnchandar]

Exactly Rahul I didn't see anything in my 129 either. I don't know Mr.Joe can see it.

 

So, Mr. Joe so you want the people like me to call or email USCIS or a consulate and tell them that "I am from an Unaccredited university and you have approved my H1 and also the stamping is done, so you have done it by error please revoke my H1 and send me back to my country". I don't care about it I have provided each and every document they asked for and they know that my degree was from unaccredited university(was mentioned in my RFE that **** has lost its accredetion in 2008 and the applicant has joined this university in 2009 and asked for further documentation to prove that the applicant has maintained valid F1 status while studying in this University.) I have provided the required documents and they approved it. So do you say it is approved by error? If I am not eligible for EB2 then that's ok for me if they deport me I will not go to a jail or not to any Island I will just leave to my home country ok.

 

Mr.Joe I have my attitude and I will stick to it thank you, hope they deport me and I will remain with this attitude by the way thanks for your valuable suggestions brother. 

[omshiv]

I am still not able to get it, where is the information hiding here after submitting all the req documents?? Nowhere in those H1 filing documents asked about the accreditation.

 

The VERY FIRST difference between the regular and advance quote petitions is the highest degree, so without looking at that degree how can a person approve that petition. They missed to check the degree??

 

It's not just the problem of OP, it's the mistake of the employer who filed it, attorney who reviewed it and the officer who approved it.

 

 

what an irony..people have problems with the way US immigration works...but still die to live here....haha

[rahul412]

what an irony..people have problems with the way US immigration works...but still die to live here....haha

It's NOT with immigration, it's with the people who doesn't follow or take advantage of the immigration laws.

[JoeF]

Exactly Rahul I didn't see anything in my 129 either. I don't know Mr.Joe can see it.

Sigh. Even if it is not asked for there, It is YOUR responsibility to you disclose all relevant information.

If you didn't tell them that your degree came from a non-accredited institution, YOU committed immigration fraud.

If you don't want to hear that, fine. You will find out the hard way when you get a lifelong ban.

Smart people listen, others want to experience it first-hand...

Your H1 was approved in error, and it is likely that it will get revoked retroactively. At that point, you'd already face a 10-year ban. And with immigration fraud, it will be lifelong.

Apparently, that is what you want. Have fun in a deportation cell.

[JoeF]

what an irony..people have problems with the way US immigration works...but still die to live here....haha

By hook or by crook. In this case, by crook...

These are the kinds of people who sign up with frauds like TVU and ****...

They all knew from the start that the institution they signed up with was a fraud. They just hoped that the authorities wouldn't discover them... The blatant TVU fraud changed the equation, and now they are running scared and try to hide it by attacking others who tell them that their gig is up...

[rahul412]

Bottom-line is that,everyone is responsible for this mess, from OP to employer, attorney and that person who approved H1.

[ateetshah]

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.

Care to share an official document and position by USCIS on an university which was accredited before and lost accreditation after the fact ?

This could happen to any school. I get the fact that there still might be some of these institutions, but I get your point about people doing research. Nobody can predict the future.

[ateetshah]

Sigh. Even if it is not asked for there, It is YOUR responsibility to you disclose all relevant information.

If you didn't tell them that your degree came from a non-accredited institution, YOU committed immigration fraud.

If you don't want to hear that, fine. You will find out the hard way when you get a lifelong ban.

Smart people listen, others want to experience it first-hand...

Your H1 was approved in error, and it is likely that it will get revoked retroactively. At that point, you'd already face a 10-year ban. And with immigration fraud, it will be lifelong.

Apparently, that is what you want. Have fun in a deportation cell.

All of these are assumptions rather than facts. You are way off the mark in making such assumptions as always. Not everybody is smart, otherwise there would be no immigration problems or solutions in US.

[JoeF]

Care to share an official document and position by USCIS on an university which was accredited before and lost accreditation after the fact ?

This could happen to any school. I get the fact that there still might be some of these institutions, but I get your point about people doing research. Nobody can predict the future.

The rule is that the institution has to have accreditation when the degree is conferred.

The immigration law usually refers to the higher education laws, e.g., for the H1 advanced degree quota:

"has earned a master's or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))"

[rahul412]

Care to share an official document and position by USCIS on an university which was accredited before and lost accreditation after the fact ?

This could happen to any school. I get the fact that there still might be some of these institutions, but I get your point about people doing research. Nobody can predict the future.

In these cases OP is the only one facing problems. And everyone is safe.

[bhnchandar]

http://www.schev.edu/students/LettertoUNVAstudents8-1-13.pdf

[JoeF]

All of these are assumptions rather than facts. You are way off the mark in making such assumptions as always. Not everybody is smart, otherwise there would be no immigration problems or solutions in US.

These people are all adults, all with a college degree. They ALL knew that they signed up with a fraud.

Or are you saying that they shouldn't even have gotten a bachelor degree???

From somebody with a college degree I simply expect to have enough brains to do a 10-second Google search...

They ALL knew that these institutions are frauds! They ALL knew it!

[rahul412]

The rule is that the institution has to have accreditation when the degree is conferred.

The immigration law usually refers to the higher education laws, e.g., for the H1 advanced degree quota:

"has earned a master's or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))"

And that LAW is applicable for everyone, not just to the H1 beneficiary.

Difference between regular and adv H1 is the degree, and they failed to check that document.

[rahul412]

These people are all adults, all with a college degree. They ALL knew that they signed up with a fraud.

Or are you saying that they shouldn't even have gotten a bachelor degree???

From somebody with a college degree I simply expect to have enough brains to do a 10-second Google search...

They ALL knew that these institutions are frauds! They ALL knew it!

Exactly, people doesn't have brains to check the submitted documents?? Can't they even verify before approving it?? It's BS that they approved by ERROR.