Stratford university EB2 and H1 problem

[abhi333]

Hello  everyone,

 

I was about to start my green card processing. Got a shocker from my lawyer. He told  me I cannot apply in EB2 since my university (Stratford university) is FOR PROFIT university and they already got couple of RFE's for EB2 with Stratford degree. He is suggesting to apply in EB3. 

 

So I started researching online and to my surprise I have   seen many people complaining they got RFE's while extending their H1 (their initial H1 is approved under Masters Quota for Stratford or other FOR PROFIT universities)Saying that their initial H1 was approved by mistake and asking them to prove that  they satisfy  below rule 

 

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 or that is unaccredited is not considered an institution of higher education.

 

 

My background:

 

1) Got H1 under masters quota using Stratford degree for 1 year in 2012 (Approved on SEP 2012)

2) H1 extended for 3 more years 2013 to 2015 .

3) H1 set to expire on OCT 2015

4) Started green card processing( filing for labor) in Jan 2015

 

 

My questions

 

1)  I am 90% sure  I will be getting RFE when I file for H1 extension in 2015. What can i do about it ? how to fight it?

 

I have seen many forums where people having issues for H1 extension using For profit university degrees like from Stratford university, But not able to find anyone having issues with for profit universities for applying Green card.

 

2) Is it true that using certificates  from  for profit universities like Stratford  there are no issues while filing for Greencard. It is an issue only when you are extending your  H1 ?

 

 

3) Is section 101(a) or something similar applicable for green card too which does not qualify people with  certificates from for profit universities to be considered for EB2 ?

 

4) Should I file for my green card in EB2 or EB3?

 

 

 

Also I want to warn People who got degrees from FOR PROFIT universities about this situation. I am not confirming anything but Hey, please do your research .Please let your friends know about this issues. It came to me as complete surprise and out of the blue.

 

I don't want to deal with this in current situation. So many things  happening with me now

 

.... Anyways I really  appreciate  you help on this. Please suggest ....

 

 

 

 

 

 

 

 

[jairichi]

1. Your H1B is not valid as it was approved in error. Talk to your attorney and plan to exit US.

2. Cannot generalize like that.

.

[rahul412]

Your attorney is correct, and your H1 approval is an mistake done by USCIS and they have right to reject the approved petition. So contact your attorney for help.

[JoeF]

This is well-known.

An H1 in the Masters quota requires a degree from an accredited, public or non-profit private university.

A degree from a for-profit university can NOT be used.

And degrees from for-profit universities have a very bad reputation, anyway.

The bottom line: Stay away from for-profit institutions. Find a real university, a public university (non-profit private universities which are acceptable are at the top level, like Stanford, Harvard, etc.)

[abhi333]

Thank you everyone for your help.

I Completely aggere with above comments.

1) How do i fight the case if I get RFE for h1 extension? By the time I got H1 approval notice the general quota for H1 is still open.if I would have got rejection at that time I would have easily applied in general quota. Do i have a point here?

2) For greencard processing does the university need to be Non profit university. I searches USCIS rules. They mentioned university must be non profit for H1 but did not mention that for labor or I140 filing. So i am thinking to file my labor under EB2. Please suggest.

[rahul412]

1) How do i fight the case if I get RFE for h1 extension? By the time I got H1 approval notice the general quota for H1 is still open.if I would have got rejection at that time I would have easily applied in general quota. Do i have a point here?

2) For greencard processing does the university need to be Non profit university. I searches USCIS rules. They mentioned university must be non profit for H1 but did not mention that for labor or I140 filing. So i am thinking to file my labor under EB2. Please suggest.

1. Nope, the point here is that your H1 attorney should know the rules before filing the H1. You can't fight back.

You need to file new H1  under regular cap, so only an exp attorney can help you now

 

2. I think you are right.

[JoeF]

Thank you everyone for your help.

I Completely aggere with above comments.

1) How do i fight the case if I get RFE for h1 extension? By the time I got H1 approval notice the general quota for H1 is still open.if I would have got rejection at that time I would have easily applied in general quota. Do i have a point here?

2) For greencard processing does the university need to be Non profit university. I searches USCIS rules. They mentioned university must be non profit for H1 but did not mention that for labor or I140 filing. So i am thinking to file my labor under EB2. Please suggest.

 

You can't fight the H1 stuff. That train has long ago left the station.

It was your fault to list the rather fake university.

For EB2, the JOB has to require a Masters degree. The university that issued the degree has to be accredited.

But, given that you are essentially violated the H1 rules, and may be considered out of status retroactively, you may not be able to even get a GC approved.

You need to discuss your situation with a good immigration lawyer. A good lawyer would have a) told you about the H1 issue from the start and b) would have advised against getting a degree from such a crappy institution to begin with.

[jairichi]

Thank you everyone for your help.

I Completely aggere with above comments.

1) How do i fight the case if I get RFE for h1 extension? By the time I got H1 approval notice the general quota for H1 is still open.if I would have got rejection at that time I would have easily applied in general quota. Do i have a point here?

2) For greencard processing does the university need to be Non profit university. I searches USCIS rules. They mentioned university must be non profit for H1 but did not mention that for labor or I140 filing. So i am thinking to file my labor under EB2. Please suggest.

1. If the quota was open then you can fight it out with the help of a good attorney, I suppose.

2. GC has nothing to do with non-profit university.

[abhi333]

Thanks for your reply.

 

Can I file for new H1 under general quota from different employer?

[jairichi]

Thanks for your reply.

 

Can I file for new H1 under general quota from different employer?

Yes, in April 2015. Your current stay in US is illegal.

[rahul412]

Thanks for your reply.

 

Can I file for new H1 under general quota from different employer?

You are not listening.

You need an attorney, not an employer. Even if you file new H1, you might end up with RFE.

[girishkumar19]

You can fight back ongrounds of the following -

• If it was accepted in error they should have rejected right then so that you could have had the chance to apply in 2012 under general qouta. Do some research and gather details on the counts back in 2012 on accepted and open h1 applications count.
• Get your attroney to gather as many details as possible on your employment history, your H1 extensions beyond your 1yr which was again accepted by USCIS. So its not an error when two different officers felt you deserve an extension.
• Considering the above situation  you can justify saying - it seems more like error on their side(twice) for which you will not be held responsibile.

[JoeF]

 

You can fight back ongrounds of the following -

• If it was accepted in error they should have rejected right then so that you could have had the chance to apply in 2012 under general qouta. Do some research and gather details on the counts back in 2012 on accepted and open h1 applications count.
• Get your attroney to gather as many details as possible on your employment history, your H1 extensions beyond your 1yr which was again accepted by USCIS. So its not an error when two different officers felt you deserve an extension.
• Considering the above situation  you can justify saying - it seems more like error on their side(twice) for which you will not be held responsibile.

 

 

No, that won't work. It was an error on his part to file in the Masters quota to begin with. While USCIS made an error approving it, the starting point was HIS failure to file a proper application.

A lawsuit would just be a waste of time and money.

[girishkumar19]

It might just work. As it worked in my case and few others. I had my 1st H1 in 2011 for 1 yr and next extension from 2012-2015 without any issues. Then a H1 transfer was when i had an RFE and a NOID which was replied with proper justification and got an approval and later a Visa stamping. After which i had to transfer again which was approved without any issues.

 

I am not saying go for a Lawsuit but atleast try for a reply with detailed explanation. In my research i approached Ramineni Associates who suggested me this approach. Taking an advice from them wouldnt harm you. All the best.

[JoeF]

It might just work. As it worked in my case and few others. I had my 1st H1 in 2011 for 1 yr and next extension from 2012-2015 without any issues. Then a H1 transfer was when i had an RFE and a NOID which was replied with proper justification and got an approval and later a Visa stamping. After which i had to transfer again which was approved without any issues.

 

I am not saying go for a Lawsuit but atleast try for a reply with detailed explanation. In my research i approached Ramineni Associates who suggested me this approach. Taking an advice from them wouldnt harm you. All the best.

 

Even if it did work in the past, it is unlikely to work nowadays. They are much more strict nowadays, because of such kind of abuse of the rules.

And in your case, don't think you are out of the woods. They can review your file, and still revoke things retroactively.

It is important to stay away from for-profit schools. That's the only solution.

[girishkumar19]

Mine happened in the Q4 of 2014.  Well its worth a try.

[salzburry]

Hey abhi333, 

 

 Just wanted to followup with you on your petition. Were you able to file your GC under EB2.