H1B Extension "Profit university"

[r.sunnyvale]

Hi,

   Got my Masters from a Profit University, h1b approved in Masters CAP for 3 years from company A in October 2012. Took full time in company B and H1B transfer approved for 3 years in August 2013.

 

I see a lot of posts with extension issues for those who have H1B approved in Masters CAP and did their masters in Profit university. Can some some one suggest if this is serious and should we worry about it.

[jairichi]

Hi,

   Got my Masters from a Profit University, h1b approved in Masters CAP for 3 years from company A in October 2012. Took full time in company B and H1B transfer approved for 3 years in August 2013.

 

I see a lot of posts with extension issues for those who have H1B approved in Masters CAP and did their masters in Profit university. Can some some one suggest if this is serious and should we worry about it.

Yes, as it is considered an error to get approval in masters quota using degree from a for profit university. Talk to a good immigration attorney.

[catx]

The following post quoted below provides information relevant to your question.

 

 

If your U.S. master’s degree is from a private, for-profit university and you obtained your H-1B approval under the Masters Cap exemption, you may run into problems obtaining an H-1B extension. The U.S. Citizenship and Immigration Service (USCIS) is taking a second look at H-1Bs approved under the Masters Cap exemption after some petitions appear to have been approved in error. For those cases where the initial H-1B petition was approved under the Masters Cap and the degree used to qualify for the exemption was from a private, for-profit school, the USCIS could deny the H-1B extension on the grounds that the worker was never actually counted towards the H-1B numerical limitations and is now subject to the H-1B quota. USCIS could also potentially revoke the approved H-1B petition.

 

On October 1st of every year, the U.S. government makes available 65,000 H-1B visas for the upcoming fiscal year. In addition, there is an advanced degree exemption provided to the first 20,000 petitions filed for an individual who has obtained a U.S. master’s degree or higher. However, not all U.S. master’s degrees are created equal when it comes to qualifying for this exemption. The school issuing the master’s degree must meet the definition of an institution of higher education as defined in section 101(a) of the Higher Education Act of 1965.

 

According to section 101(a), an institution of higher education is an educational institution that is, among other things, a public or other nonprofit institution and is accredited by a nationally recognized accrediting agency or association or has been granted pre accreditation status by such an agency or association recognized for granting pre accreditation status. Under this definition, a university that is private and for-profit is not considered an institution of higher education.

 

Below is a list of institutions that we have learned do not meet the criteria of United States institution of higher education as defined in section 101(a) of the Higher Education Act of 1965:

 

Stratford University
University of Northern Virginia
Silicon Valley University
******* University

Goldey-Beacom College
***************

 

If your school is a private, for-profit institution and you obtained an H-1B approval under the Masters Cap, you should contact a qualified immigration attorney as soon as possible. With the new filing window opening on April 1, 2014, you may need to consider filing a new H-1B petition under the Bachelors Cap in order to avoid future problems with your H-1B visa. In addition, if you are a current F-1 student or recent graduate and are planning to file an H-1B petition in the upcoming filing window, consult with an attorney before filing under the Master CAP exemption if you attended a private, for-profit university.

 

http://forum.murthy.com/index.php?/topic/68596-extension-denied-masters-from-for-profit-university-not-considered-under-masters-quota-for-h-1b/#entry265750

[ravirajn2222]

I am planning for visa stamping. Will it impact my stamping. I am a full time employee.

[veerun14]

hello Sunnyvale,

 

I think it is a serious issue. actually, I am in the same boat. my H1B expires in 2015. I think we should look at alternatives.

 

I asked a question on this forum (not there yet), if H1B extension can be filed using a different master's degree from another university than the original h1b was approved?

 

hope someone answers that.

[jairichi]

I am planning for visa stamping. Will it impact my stamping. I am a full time employee.

If you are in the same situation like OP your H1B visa would be denied.

[reddy789]

@r.sunnyvale: I think you should talk to an attorney, people here in this forum just give their opinions(they are not experts). I'm sure a good attorney will give you a right advice on what needs to be done. It will cost you like 200 bucks but it is worth it. Best of luck.

[JoeF]

@r.sunnyvale: I think you should talk to an attorney, people here in this forum just give their opinions(they are not experts). I'm sure a good attorney will give you a right advice on what needs to be done. It will cost you like 200 bucks but it is worth it. Best of luck.

Of course talking with a lawyer is the best thing.

The lawyer will most likely give advice along the same lines as we here...

[rKrishna7787]

@r.sunnyvale: can you please share your email address.