Intent to deny notice on my H1 extension


omkar prasad

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I have an Intent to deny notice on  my H1 extension . After reply from attorney to USCIS, the decision  can be either positive or negative to me.

 

If its negative, will I go out of status on same day when the reply comes from USCIS  or will be any certain period to stay in USA legally?

 

 If yes how many days would be that?

 

 My concern was if there is any period to stay legally in usa after getting revoked on my H1 renewal. I'm planing to use that period to get  F1 status by taking admission in University.

 

Could any please help me on this questions.

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Thanks for replies ..

 

If the  applied extension H1b might get revoked , before current H1b valid date .

So in this situation, do I'm still under out of status or in status before current H1b valid date?

 

H1b denial notice coz of university under profit organisation..

If H1B petition was filed in advanced degree quota using a degree from for profit institution that H1B is invalid. So, you have no option left other than leaving the country.

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Thanks for replies ..

 

If the  applied extension H1b might get revoked , before current H1b valid date .

So in this situation, do I'm still under out of status or in status before current H1b valid date?

 

H1b denial notice coz of university under profit organisation..

So it looks like you have used that degree for H1 approval. If this is true then stop working now and contact an attorney, your H1 approval is an error and now USCIS is correcting it.

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So it looks like you have used that degree for H1 approval. If this is true then stop working now and contact an attorney, your H1 approval is an error and now USCIS is correcting it.

Rahul412, what if Prasad23232 gets again his H1 Extension in ERROR :)?

I know he's not going to reply here, thats for sure :). 

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Hello,

 

My question is related to filing for an H1 Amendment with Extension.So, here is the situation:

I did Masters from Stratford University and while i was on OPT, the Attorney from my company applied for H1 in 2013 under Masters Quota. Later, i was informed by the senior students of the University that it should have been applied in General Quota since my University was Profit University. Since, my H1 got approved for 2.5 years at that time, i spoke with some new attorneys and they said, the law has been there for long time, but USCIS was not taking strict action. They said since your H1 is approved now, there is nothing much you can do at this point, sine it was lottery for that year and general quota was filled by the time i came to know of this mess that the old attorney had done.

Now, my Client has changed and i have been working there but the employer had not filed for H1 amendment at that time, Now, as per the revised update by USCIS, I need to apply for H1 amendment before August 19th.

I am very much aware of the fact that due to the Masters quota issue, my H1 might get revoked if i file for amendment.

I am trying to find how to fight this case, since USCIS needs to understand that the applicant is not an attorney who would know in which quota to be applied, and it was a fault from USCIS side as well that they approved it at that time, if they had rejected, i still had 19 months of OPT left to be used. My only mistake is that i trusted the attorney when he told me that we will apply in Masters quota since you have done Masters degree from USA. Due to my financial responsibilities back in India, i cannot afford to go back. Can you please tell me what to do, is there a high chance that when i will file H1 Amendment, they will find out about the Masters issue. Also, since my Extension is due in March, 2016, should i go for H1 amendment with Extension right now rather than giving them another chance next year to reject it. Please help.

I seriously think as much as it is an applicant's fault, it is USCIS and Attorney's fault too and we should not be penalized for this. I have maintained my legal status always since i came here in 2010, and have always paid all taxes in time.

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Hello,

 

My question is related to filing for an H1 Amendment with Extension.So, here is the situation:

I did Masters from Stratford University and while i was on OPT, the Attorney from my company applied for H1 in 2013 under Masters Quota. Later, i was informed by the senior students of the University that it should have been applied in General Quota since my University was Profit University. Since, my H1 got approved for 2.5 years at that time, i spoke with some new attorneys and they said, the law has been there for long time, but USCIS was not taking strict action. They said since your H1 is approved now, there is nothing much you can do at this point, sine it was lottery for that year and general quota was filled by the time i came to know of this mess that the old attorney had done.

Now, my Client has changed and i have been working there but the employer had not filed for H1 amendment at that time, Now, as per the revised update by USCIS, I need to apply for H1 amendment before August 19th.

I am very much aware of the fact that due to the Masters quota issue, my H1 might get revoked if i file for amendment.

I am trying to find how to fight this case, since USCIS needs to understand that the applicant is not an attorney who would know in which quota to be applied, and it was a fault from USCIS side as well that they approved it at that time, if they had rejected, i still had 19 months of OPT left to be used. My only mistake is that i trusted the attorney when he told me that we will apply in Masters quota since you have done Masters degree from USA. Due to my financial responsibilities back in India, i cannot afford to go back. Can you please tell me what to do, is there a high chance that when i will file H1 Amendment, they will find out about the Masters issue. Also, since my Extension is due in March, 2016, should i go for H1 amendment with Extension right now rather than giving them another chance next year to reject it. Please help.

I seriously think as much as it is an applicant's fault, it is USCIS and Attorney's fault too and we should not be penalized for this. I have maintained my legal status always since i came here in 2010, and have always paid all taxes in time.

 

First of all, you are not the 'applicant'. You are the beneficiary. Your employer is the applicant/petitioner. You may be able to sue the attorney/employer for incorrect filing, but that will not gain you much in terms of getting H1B extension. Consult your own experienced immigration attorney and they may be able to help, but chances are slim. If not caught in this amendment, it will be caught when it comes to extension/transfer. It is unfortunate, that you could have gone through general lottery or filed for STEM extension, but it may not be possible now.

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Hello,

 

My question is related to filing for an H1 Amendment with Extension.So, here is the situation:

I did Masters from Stratford University and while i was on OPT, the Attorney from my company applied for H1 in 2013 under Masters Quota. Later, i was informed by the senior students of the University that it should have been applied in General Quota since my University was Profit University. Since, my H1 got approved for 2.5 years at that time, i spoke with some new attorneys and they said, the law has been there for long time, but USCIS was not taking strict action. They said since your H1 is approved now, there is nothing much you can do at this point, sine it was lottery for that year and general quota was filled by the time i came to know of this mess that the old attorney had done.

Now, my Client has changed and i have been working there but the employer had not filed for H1 amendment at that time, Now, as per the revised update by USCIS, I need to apply for H1 amendment before August 19th.

I am very much aware of the fact that due to the Masters quota issue, my H1 might get revoked if i file for amendment.

I am trying to find how to fight this case, since USCIS needs to understand that the applicant is not an attorney who would know in which quota to be applied, and it was a fault from USCIS side as well that they approved it at that time, if they had rejected, i still had 19 months of OPT left to be used. My only mistake is that i trusted the attorney when he told me that we will apply in Masters quota since you have done Masters degree from USA. Due to my financial responsibilities back in India, i cannot afford to go back. Can you please tell me what to do, is there a high chance that when i will file H1 Amendment, they will find out about the Masters issue. Also, since my Extension is due in March, 2016, should i go for H1 amendment with Extension right now rather than giving them another chance next year to reject it. Please help.

I seriously think as much as it is an applicant's fault, it is USCIS and Attorney's fault too and we should not be penalized for this. I have maintained my legal status always since i came here in 2010, and have always paid all taxes in time.

 

USCIS is enforcing these things nowadays.

And ignorance of the law is not an excuse in this or any other Western country. Further, people here and in lots of other forums have warned against using a degree from for-profit institutions for years. Blaming others is what children do. Take responsibility for your actions.

You will have to leave the country.

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There is no another option, you need to stop working on H1 and file for new H1 next year.

I can stop working on this H1 but to stay here legally, should i apply for change of status to F1 and then next year, i should apply for fresh H1.

Also, my perm was certified and it will expire in October, SO i need to file for I-140 before October,If i apply for change of status to F1, and then in few days, i apply for I-140 in premium processing, there is a chance that it will get approved(Minimal chance probably) but once my status will become F1, will the I-140 become invalid, since it was approved when i was in H1? Thank you so much for all your help. It is much appreciated.

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USCIS is enforcing these things nowadays.

And ignorance of the law is not an excuse in this or any other Western country. Further, people here and in lots of other forums have warned against using a degree from for-profit institutions for years. Blaming others is what children do. Take responsibility for your actions.

You will have to leave the country.

Since your status says 'Got helped?Now help!!', i am assuming that you reply to people's questions here as a volunteer, which is great. However, there is no need to discourage people by using sentences like , 'Blaming others is what children do' .

Since, you are not in someone else' shoes, you won't know what they are going through. I have read some of your other replies in some forums as well, and they sound pretty rude which is probably not what you intend to do since you are trying to help us here. Little kindness while replying to the people who need help does not harm. For reference, you can read through Rahul412's post, he is trying to help as well. Thank you once again. Good luck in your future endeavors.

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First of all, you are not the 'applicant'. You are the beneficiary. Your employer is the applicant/petitioner. You may be able to sue the attorney/employer for incorrect filing, but that will not gain you much in terms of getting H1B extension. Consult your own experienced immigration attorney and they may be able to help, but chances are slim. If not caught in this amendment, it will be caught when it comes to extension/transfer. It is unfortunate, that you could have gone through general lottery or filed for STEM extension, but it may not be possible now.

Thank you for the clarification livliv. Highly appreciate your kind help. Have a great day.

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I can stop working on this H1 but to stay here legally, should i apply for change of status to F1 and then next year, i should apply for fresh H1.

Also, my perm was certified and it will expire in October, SO i need to file for I-140 before October,If i apply for change of status to F1, and then in few days, i apply for I-140 in premium processing, there is a chance that it will get approved(Minimal chance probably) but once my status will become F1, will the I-140 become invalid, since it was approved when i was in H1? Thank you so much for all your help. It is much appreciated.

First, you can't get F1 without I20 and you cannot get I20 within couple of days. Do not think about joining some fraud or private schools just to stay in US, that will close all your doors. Your I140 can be filed even when you are out of US.

 

I guess you need to leave US if you can't go to dependent status.

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Since your status says 'Got helped?Now help!!', i am assuming that you reply to people's questions here as a volunteer, which is great. However, there is no need to discourage people by using sentences like , 'Blaming others is what children do' .

Since, you are not in someone else' shoes, you won't know what they are going through. I have read some of your other replies in some forums as well, and they sound pretty rude which is probably not what you intend to do since you are trying to help us here. Little kindness while replying to the people who need help does not harm. For reference, you can read through Rahul412's post, he is trying to help as well. Thank you once again. Good luck in your future endeavors.

 

I suggest you lose the attitude.

I am known to be blunt.

If you want sugar-coating, get candy.

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First, you can't get F1 without I20 and you cannot get I20 within couple of days. Do not think about joining some fraud or private schools just to stay in US, that will close all your doors. Your I140 can be filed even when you are out of US.

 

I guess you need to leave US if you can't go to dependent status.

Makes sense. Thank you :)

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I have an Intent to deny notice on  my H1 extension . After reply from attorney to USCIS, the decision  can be either positive or negative to me.

 

If its negative, will I go out of status on same day when the reply comes from USCIS  or will be any certain period to stay in USA legally?

 

 If yes how many days would be that?

 

 My concern was if there is any period to stay legally in usa after getting revoked on my H1 renewal. I'm planing to use that period to get  F1 status by taking admission in University.

 

Could any please help me on this questions.

Hi Prasad, Sorry to hear about your issue. I hope it will all turn out to be ok.

Once your attorney replies to the USCIS, can you please share with us the experience whether positive or negative. It will be of help to many of us who are in the same boat.

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  • 2 months later...
  • 9 months later...

I have an Intent to deny notice on  my H1 extension . After reply from attorney to USCIS, the decision  can be either positive or negative to me.

 

If its negative, will I go out of status on same day when the reply comes from USCIS  or will be any certain period to stay in USA legally?

 

 If yes how many days would be that?

 

 My concern was if there is any period to stay legally in usa after getting revoked on my H1 renewal. I'm planing to use that period to get  F1 status by taking admission in University.

 

Could any please help me on this questions.

Dude please share your email address..i am on the same boat

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Dude please share your email address..i am on the same boat

The H1 will get denied, because the law does not allow a degree from a for-profit institution to be used for the H1 Masters quota. It doesn't get any clearer than that.
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  • 2 years later...

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