Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
SanBob

H1B EXTENSION denied digging back to University's for-profit status

Recommended Posts

Hello All,

 

I am facing a wierd situation right now. I'll keep it straight. I graduated from Stratford University back in 2010. I got OPT later and also STEM extension, that's 27 months total. I applied for H1-B in Master's quota in May of 2012 and got it approved for 1 year. This year in 2013, I applied for my H1-B extension. Then I got this surprise from USCIS.

 

They sent an intend to denial notice saying that the University I graduated in 2010 is a for-profit private University and I am not eligible to apply for H1-B visa under Master's CAP gap. They also mentioned that it was a gross error from their side to approve my H1-B when I first applied in 2012. So, they are considering to deny my visa. My attorney submitted their argument on this and today I was told that my H1-B visa is denied. If USCIS should have told me in 2012 when I first applied, that I am not eligible under Master's CAP gap, then I would have applied under general as H1-Bs were available till August if I remember it right for that year. They APPROVED then and DENIED my extension now digging back to the already approved visa. I don't understand how could they deny an already approved visa(I know they can as this is USA) when I am applying for an EXTENSION but not a new one.

 

None of them with whom I discussed could give me a suggestion, but rolled their eyes listening to this strange case. I would like to request if anyone have heard/faced similar situation.

 

To add more sorrow, my project got extended for 6 more months making 2 years for the current client. How can I be happy when I heard this news about my H1-B? (just sharing)

Share this post


Link to post

Hello All,

 

I am facing a wierd situation right now. I'll keep it straight. I graduated from Stratford University back in 2010. I got OPT later and also STEM extension, that's 27 months total. I applied for H1-B in Master's quota in May of 2012 and got it approved for 1 year. This year in 2013, I applied for my H1-B extension. Then I got this surprise from USCIS.

 

They sent an intend to denial notice saying that the University I graduated in 2010 is a for-profit private University and I am not eligible to apply for H1-B visa under Master's CAP gap. They also mentioned that it was a gross error from their side to approve my H1-B when I first applied in 2012. So, they are considering to deny my visa. My attorney submitted their argument on this and today I was told that my H1-B visa is denied. If USCIS should have told me in 2012 when I first applied, that I am not eligible under Master's CAP gap, then I would have applied under general as H1-Bs were available till August if I remember it right for that year. They APPROVED then and DENIED my extension now digging back to the already approved visa. I don't understand how could they deny an already approved visa(I know they can as this is USA) when I am applying for an EXTENSION but not a new one.

 

None of them with whom I discussed could give me a suggestion, but rolled their eyes listening to this strange case. I would like to request if anyone have heard/faced similar situation.

 

To add more sorrow, my project got extended for 6 more months making 2 years for the current client. How can I be happy when I heard this news about my H1-B? (just sharing)

Well, it is a rule that to apply for H1B in master's quota the degree has to be from an accredited  and non-profit university. Your employer/attorney and you should be aware of this. Ignorance of law is never an excuse. Everyone involved in your H1B process has to be blamed. Now USCIS is rectifying their mistake. There are other persons similar to your situation if you browse this forum. Your only option is to leave the country and a prospective employer files a H1B petition next April.

Share this post


Link to post

Jairichi, I know it's a law(Ofcourse I knew this after it happened to me). But was never enforced until last year(What about all those thousands of people who got H1s from such Universities all these years?). I got my H1 even before they started to enforce the law. So, how can they go back and cancel my H1? You know that America keeps changing their policies, but they implement to the later applicants, not to the former. I am not arguing here. Just feeling it as injustice. By the way, the mistake you are saying they are rectifying is costing my life. 

Share this post


Link to post

jairichi is correct in pointing out that your employer and/or their attorney made an error in filing a H-1B petition for you under the Masters quota, and should have known better.

 

The USCIS has always retained the right to re-examine previously decided cases, including all types of visas.  I recently read a reliable immigration attorney's account of the USCIS re-opening a previously approved EB-1 case and rescinding the previous approval.  This maybe a more extreme example, but it illustrates that the USCIS can and does review its own decisions and if they find an error or mistake, can and will correct it.  It is also worth noting that this cuts both ways, otherwise there would be no motion to reconsider (MTR).

Share this post


Link to post

Hi SanBob,

 

To which service center you have sent your H1B Extension application? (NSC,CSC,VSC)

 

Hi Jairichi,

 

I have a question:

 

If the Master quota is filled in a fiscal year but regular quota is still open, then if we apply for H1B along with the transcripts and graduation certificate, then the H1B application will be approved only by the basis of a bachelors degree? ( H1B application is considered in a regular quota as masters quota was filled) 

Share this post


Link to post

Catx,

 

You may be right. Thanks for your response though. Now, I almost lost my hopes.

 

Snagit,

 

I sent it to California Service Center. Also, the answer to you other question to Jairichi is YES. It was mentioned in my RFE that when I applied for my extension in 2013, they tried to consider me to general cap gap as I am not eligible for Master's but they could not as general was filled by April 8th(the above sentence was mentioned in my RFE). Hope this helps.

Share this post


Link to post

Jairichi, I know it's a law(Ofcourse I knew this after it happened to me). But was never enforced until last year(What about all those thousands of people who got H1s from such Universities all these years?). I got my H1 even before they started to enforce the law. So, how can they go back and cancel my H1? You know that America keeps changing their policies, but they implement to the later applicants, not to the former. I am not arguing here. Just feeling it as injustice. By the way, the mistake you are saying they are rectifying is costing my life. 

As I said if you look at this forum there are lot of posts where H1B extension is denied for earlier approved H1B based on the fact that degree used for filing was from a for-profit or non-accredited university.

Share this post


Link to post

Hi SanBob,

 

To which service center you have sent your H1B Extension application? (NSC,CSC,VSC)

 

Hi Jairichi,

 

I have a question:

 

If the Master quota is filled in a fiscal year but regular quota is still open, then if we apply for H1B along with the transcripts and graduation certificate, then the H1B application will be approved only by the basis of a bachelors degree? ( H1B application is considered in a regular quota as masters quota was filled) 

If employer applies based on your master's degree obtained in US in master's quota and if you are not selected in that then your petition will automatically goes to the general pool to be considered.

Edited by jairichi

Share this post


Link to post

Hi SanBob,

 

To which service center you have sent your H1B Extension application? (NSC,CSC,VSC)

 

Hi Jairichi,

 

I have a question:

 

If the Master quota is filled in a fiscal year but regular quota is still open, then if we apply for H1B along with the transcripts and graduation certificate, then the H1B application will be approved only by the basis of a bachelors degree? ( H1B application is considered in a regular quota as masters quota was filled) 

If employer applies based on your master's degree obtained in US in master's quota and if you are not selected in that then your petition will automatically goes to the general pool to be considered.

Share this post


Link to post

jairichi is correct in pointing out that your employer and/or their attorney made an error in filing a H-1B petition for you under the Masters quota, and should have known better.

 

The USCIS has always retained the right to re-examine previously decided cases, including all types of visas.  I recently read a reliable immigration attorney's account of the USCIS re-opening a previously approved EB-1 case and rescinding the previous approval.  This maybe a more extreme example, but it illustrates that the USCIS can and does review its own decisions and if they find an error or mistake, can and will correct it.  It is also worth noting that this cuts both ways, otherwise there would be no motion to reconsider (MTR).

Indeed.

The bottom line is, get a good lawyer, one who knows the rules. Even if a particular rule may not be enforced right now, it may be later, and then you get into trouble.

And approvals can be revisited even decades later. There is no statute of limitation in the immigration law.

If an application was approved in error, it can always be rescinded.

Edited by JoeF

Share this post


Link to post

Alright guys, here's my final update on my case. I have to leave the country.

 

After talking to many attorneys and after many discussions, I have to make this decision as there is no option left. In my case, I filed for my first H1 on June 5th, 2012 and got approval on Oct 11th, 2012 as I had an RFE in between. In the same year, the regular quota was closed by June 11th, 2012. Few attorneys told me that I am eligible to file a motion to reopen as I applied for H1 before the quota is closed. But now, the same attorneys are saying I can't win this. The reason is, though I applied for H1 before the quota is closed, my H1 case was reviewed in October and was approved on Oct 11th meaning at the time of approval the quota is already closed. So, I do not have any other option as I already got my H1 denial notice. 

 

I am taking it hard on my Company's attorney as it was their mistake to file me under Master's Cap Gap when my University is not eligible. They are saying USCIS never enforced this law until now. That's so irresponsible answer from their side. I am trying to proceed legally on them and they SCREWED my career. I have been working with this client for more than 18 months now and I got an year extension and also my Manager is interested in offering me full time next year. At this point, I have to leave the country for the mistake done by my attorneys.

 

My advice to all those having the same issue is, see if your case was approved in any year when the quota is still open. If so, you can file a case can win. That's what many attorneys I spoke to did and won. All the best to those struggling with similar issue. Hopefully I'll shape a good career back home :)

Share this post


Link to post

Alright guys, here's my final update on my case. I have to leave the country.

 

After talking to many attorneys and after many discussions, I have to make this decision as there is no option left. In my case, I filed for my first H1 on June 5th, 2012 and got approval on Oct 11th, 2012 as I had an RFE in between. In the same year, the regular quota was closed by June 11th, 2012. Few attorneys told me that I am eligible to file a motion to reopen as I applied for H1 before the quota is closed. But now, the same attorneys are saying I can't win this. The reason is, though I applied for H1 before the quota is closed, my H1 case was reviewed in October and was approved on Oct 11th meaning at the time of approval the quota is already closed. So, I do not have any other option as I already got my H1 denial notice. 

 

I am taking it hard on my Company's attorney as it was their mistake to file me under Master's Cap Gap when my University is not eligible. They are saying USCIS never enforced this law until now. That's so irresponsible answer from their side. I am trying to proceed legally on them and they SCREWED my career. I have been working with this client for more than 18 months now and I got an year extension and also my Manager is interested in offering me full time next year. At this point, I have to leave the country for the mistake done by my attorneys.

 

My advice to all those having the same issue is, see if your case was approved in any year when the quota is still open. If so, you can file a case can win. That's what many attorneys I spoke to did and won. All the best to those struggling with similar issue. Hopefully I'll shape a good career back home :)

Well, good that you talked to multiple attorneys and taken a decision. Also, it was nice of you to update their opinions. As your employer is still interested in you the door is not closed yet. Get your employer file a H1B petition in April 2014. In the meantime you could pursue something back in your home country like temporary employment and come back in Oct 2014 with H1B approval in regular quota. Good luck.

Share this post


Link to post

@SanBob

 

Sorry to hear that you going back to home country. Anyways all i can wish you is Best of luck for your future . Hope it rocks!!

 

Can you email me your attorney details to my email if it is ok with you hgummako at yahoo dot com.

 

Thanks and Good luck !

Share this post


Link to post

Thanks Sanbob for posting the attorneys opinions...

 

Hi Jairichi,

 

Provided the case of mine, I'm also in the similar boat and in a tensed situation. My H1(applied under premium) got picked this fiscal year where USCIS conducted lottery on Apr 7th' 2013 and got the notice on Apr' 11 2013 that it got picked, then had the final approval notice around in Apr' 17 2013 that its approved. How can I determine if my current approved H1 got picked in general rather than MS quota?(since USCIS posted that they have conducted lottery on MS first and reviewed the unselected packets in general pool). Please let me know.

Share this post


Link to post

Thanks Sanbob for posting the attorneys opinions...

 

Hi Jairichi,

 

Provided the case of mine, I'm also in the similar boat and in a tensed situation. My H1(applied under premium) got picked this fiscal year where USCIS conducted lottery on Apr 7th' 2013 and got the notice on Apr' 11 2013 that it got picked, then had the final approval notice around in Apr' 17 2013 that its approved. How can I determine if my current approved H1 got picked in general rather than MS quota?(since USCIS posted that they have conducted lottery on MS first and reviewed the unselected packets in general pool). Please let me know.

I think It won't matter whether it got picked up for Master's quota or general. Since you had applied for masters quota it might be counted as Masters quota and it also gave you an advantage of running through the lottery twice in case it didnt get picked up for master's quota. Ask an attorney if you can reapply under general quota next yr?

Share this post


Link to post

Ask an attorney if you can reapply under general quota next yr?

Very unlikely, since to be able to file a new H1 petition under the quota, the person has to be abroad for a year.

Share this post


Link to post

if you apply new petition in general quota even before the extension and if it was denied. Will the existing h1 will also get terminated?

Share this post


Link to post

if you apply new petition in general quota even before the extension and if it was denied. Will the existing h1 will also get terminated?

For a new petition in the quota, you would have to be outside the US for one year.

Share this post


Link to post

@patel_24: you should be able to apply for new h-1 petition if your 6 h1 period is not completed

Only if he is outside the US for a year.

Applying before that would just be an extension of the current petition.

Share this post


Link to post

SANBOB, You did it to yourself by taking the easy way out with a shady university.  Don't blame the attorneys; blame yourself.

Share this post


Link to post

@t75...dude, don't just post whatever you like. I did not start this thread to hear stupid comments like yours. This clearly shows you did not understand my issue. I did not get a degree from a shady university. It's just profit organization. The univ I did masters has got accreditation and masters has a value. That's purely the mistake of the attorney who filled my application without following the proper rules. The attorney firm has accepted their failure and you are blaming me here. I did my research and even posted my solution here thinking that would help others. You have no right to blame me. If possible give a suggestion or spread the word so that it helps others. If I or anyone knew about what happens in future, no one gets issues. I am leaving everything behind, sold my car, in the process of paying credit cards and am leaving the country properly. If I have chosen the easy way, I need not do all these. I can just fly back. Think few times before posting some comments. Try to understand other's pain you jobless jack.

Share this post


Link to post

In t75's defense, all too many for-profit 'universities' / 'colleges' (even those with some form of accreditation) are simply a place to buy a degree (diploma mill) and/or buy a visa (visa mill).  For-profit 'universities' / 'colleges' that offer quick acceptance, remote attendance, non-thesis / non-research graduate degrees, and other easy / quick routes to a so-called degree (not to mention promoting CPT employment authorization) are red flags.

 

With the 1000s of reputable public and non-profit private universities / colleges in the U.S. there is no need to limit your future and take the risk of going to a for-profit 'school'.

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×