Previous H1B error may cause me big trouble, what can I do?


Advik_me

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Hello, everyone. In 2014, after graduation with a master degree and finding a job at a company, i applied for H1b and got approved.  The company’s lawyer filed my application as an advanced degree holder but little did we know that my degree was awarded from a for-profit college which does not count as an advanced degree according to USCIS, Somehow USCIS let me fall through the cracks and give me the H1B. 

 

One year later, I wanted to change my career path so I quitted my job and went back to school ( i transferred to H4 visa because my wife had H1). The plan was that I would be able to continue to use my H1B after graduation, which will compensate the fact that I do not have any opt time left.

 

But recently I found out that the USCIS may look into the past H1B when one tries to transfer or extend it, which means they will probably revoke my H1B when I apply for change of status from H4 to H1 after graduation.  The worst result is that I will be forever rid off the qualification to apply for H1b.

 

Now a company is willing to sponsor me my h1b right now, so I ask their lawyer to file my H1B as though I have never got H1B before. Yes, I know I have to go through lottery, but it is better than letting the USCIS find out my past “bad” records and rid me off any future chances of getting h1B.But the lawyer strongly advise against it and said it would cause some kind of conflict in my records.

 

From what I can tell, the company’s lawyer is not very familiar with this situation(he has no idea about non-profit vs for-profit), so I’d like to take his advice with a grain of salt. Could anyone on this forum enlighten me a little bit on this issue? Your help is sincerely appreciated.

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I really would suggest to file it as new H1b because if USCIS will to know they will revoke your H1b at any time and then you will not have any option left. 

More over you will be in fear for this all the time you are filing H1b transfer/extension till you will get GC. 

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