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Harry1903

H1B Extension RFE for "Profit university"

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Hello Seniors,

 

I need your advice  .

 

My Immigration Status:

 

  • Master from "Profit Originattion" 
  • Regular H1B applied and approved under Master Cap "May 2010"
  • 140 approved under EB-2 with same employer "Jun 2012"
  • H1B Extension applied for above approved petition ( Regular H1B (1st ) expired on Sep 15th 2013) on May 31st 2013.
  • RFE received on Master University because of "Profit University" and not eligible for Masters Quota

 

My Questions:

 

  • I know my current H1B petition will deny because of "profit university" and FY2014 is filled.  Right ?
  • Will i get an oppurtunity to apply another H1B petition on 140 approval ? I am eligible legally ?
  • Once i get my denial decision do i need to leave country right away ? Or Is there any chances legally to stay here on other "Status" such as H4

 

Any answers to above questions are greatly appreciated .

 

Thank you in advance for your help !

 

Thanks

 

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Hello Seniors,

 

I need your advice  .

 

My Immigration Status:

 

  • Master from "Profit Originattion" 
  • Regular H1B applied and approved under Master Cap "May 2010"
  • 140 approved under EB-2 with same employer "Jun 2012"
  • H1B Extension applied for above approved petition ( Regular H1B (1st ) expired on Sep 15th 2013) on May 31st 2013.
  • RFE received on Master University because of "Profit University" and not eligible for Masters Quota

 

My Questions:

 

  • I know my current H1B petition will deny because of "profit university" and FY2014 is filled.  Right ?
  • Will i get an oppurtunity to apply another H1B petition on 140 approval ? I am eligible legally ?
  • Once i get my denial decision do i need to leave country right away ? Or Is there any chances legally to stay here on other "Status" such as H4

 

Any answers to above questions are greatly appreciated .

 

Thank you in advance for your help !

 

Thanks

1. Yes.

2. No opportunity to use your I140. Your presence is illegal.

3. If your spouse is on H1B you could move to H4.

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H4 would only be possible if you are married and your spouse is on H1.

Your current H1 was approved in error, it will get revoked because for the Masters quota, the degree has to be from an accredited, public or non-profit private university.

All the for-profit universities are low-level, and need to be avoided.

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If your masters was the basis for the EB-2 filing, you need to consult the attorney filing to see the effect on the 140. 

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Processing center doesn't matter. An advanced degree from a for-profit institution can BY LAW not be used for an H1 in the Masters quota. Period. End of story.

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Thank you.

 

its vermont processing.

 

just now i received another update from Usics . status moved from "RFE" to "initial review".

 

"On December 10, 2013, your Alien Registration Number was changed relating to your I129, PETITION FOR A NONIMMIGRANT WORKER. "

 

Can you tell any  what is this status about ?

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@Hary1903:

 

Which processing service center - California or Vermont ?

It doesn't matter which center it is, bcos they all follow same rules.

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Harry 1903,

 

I am having the same case like you right now. My initial H1 was approved in 2012 and got it for an year. When I applied for extension in 2013, they went back to the University's status saying it is a profit University and they literally denied my H1.

 

You have a valid argument to make here. What I understood from your question is, you applied for H1 in 2010, that means for FY 2011. I came to know from my friends who applied the same year that the H1 quota was open till Jan 26th of 2011. As you were approved the same year, meaning at the time of your approval the quota is still open, that means USCIS should have moved you to general quota if they thought you won't fit under Master's cap gap. If you get a solid attorney, you can argue on this point and win. I am not saying all these just like that. I spent hundreds of dollars in taking appointments with attorneys and many friends helped me with their research and also from their company attorneys.

 

Unfortunately for my case, I don't have this option as I applied for H1 in June 5, 2012 and quota completed on June 11, 2012. But my H1 was approved on Oct 11, 2012 after an RFE. Thought I applied just few days before the quota completed, considering my approval date, I can't really make a solid rgument. The attorney said I'll have a 50-50 chance to win the case as the point is very weak in my side. Atleast you got an RFE, I directly got an intent to deny and finally got a denial notice. Hope my research helps you. All the best!

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If your employer or lawyer filed in the wrong category, that is not USCIS's fault.

You may have a case against the lawyer, but not against USCIS.

Next time, find an employer who uses a good lawyer.

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@SanBob,

 

Thanks that gave me some hope. 

 

I will talk to my company attorney on this point.  And i will update it here reply as soon as i hear from them . 

 

Than you again for all forum members for your valuable suggestions and comments.

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Hary1903:

 

You've mentioned that your case status from "Request For Evidence" changed to "Initial Review". Did you get any RFE at all ? Please update ..Thanks !!

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**Update

My case now moved back to "Acceptance" i have no idea why it moved from "RFE" - " Intial Review" - " Acceptance" . I will update as soon as i hear anything from Attorney.

 

On December 12, 2013, we received this I129 PETITION FOR A NONIMMIGRANT WORKER and we e-mailed you a notice describing how we will process your case. Please follow any instructions on this notice. This case is being processed at our VERMONT SERVICE CENTER location. 

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Hi Harry1903,

 

Which University you are from?

 

By any chance do you know the list of Universities from which H-1B's are getting affected?

 

My employer said he is going to apply for my extension today so that's why I want to get a clear picture whether if I need to delay a little or go ahead.

 

Please let me know.

 

Thank you. 

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Hi Harry,

 

Good to hear that your RFE was cleared and moved to acceptance. Please share your details with us/ pm me as in your contact, email, rfe processing details. It will help a lot of us as I'm also graduated from a for profit univ. 

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I think SanBob is right.

 

what he is saying is:

 

One reason why your RFE might have changed back to initial review and subsequent acceptance is that, at the time of your first H1B approval (the time when USCIS says that they have made a mistake when they did not consider your university as for-profit), the general quota was still open (--according to SanBob, it will still open until the Jan of next year--) and they might have moved you to the general quota as any invalid master's degree would automatically go to general quota (unless there i

s pure blunder in your status itself)

 

It makes sense, that they moved you to general quota now for a two year old petition -- because, it was their mistake not to do so that year w

hich was required.

 

Hence, you were saved. I have also seen the exact thing in this forum where in one of the candidate's RFE (just like yours), USCIS have explicitly mentioned that they have tried to move him to general quota. Unfortunately, in his case, he was not lucky as you are.

 

link to that thread

 

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By any chance do you know the list of Universities from which H-1B's are getting affected?

For H1 approval, your degree has to be from public university.

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 I am from Startford Univerisyty.

 

I don'tknow list of univ.

 

Talk to attorney before applying.

That's a for-profit institution, and a pretty bad one at that.

You can not use the degree from them for an H1. Period.

If you did, and got an H1 approved, it was approved in error and the approval will get rescinded.

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Hi Harry1903,

 

Which University you are from?

 

By any chance do you know the list of Universities from which H-1B's are getting affected?

ALL for-profit institutions and ALL non-accredited institutions are affected.

You can NOT NOT NOT use a degree from a for-profit institution for the H1 Masters quota. Period.

Sign up with a public university. Then you won't have any problems.

Avoid all these shady institutions that nobody has ever heard of. They are only interested in your money.

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Hi rahul412,

 

According to Section 101(a) 4th point, university has to be public or other nonprofit institution.

 

My University (Silicon Valley University) is Private nonprofit (which I saw in University web site and in Wikipedia). I am bit concerned whether to apply for my H-1B extension or not at this point of time.

 

I applied for my H-1B in June 2010 and got approved in Sep 2010 (Master's Quota) for Fiscal Year 2010. For the same year H-1B quota including (Master's & Regular) was completed in Dec 21 2010. 

 

I have time until Feb 2014 to apply my H-1B extension but I have plans to go India for my marriage in Feb so that's why I want to apply now. 

 

Can anyone please let me know if I would face problems if I apply for H-1B extension at this point of time

 

Please let me know.

 

Thank you.

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