H1b extension Denied. What are my options?

[Sam914]

Hello,

Thankyou for taking time to this. Before I ask my questions, I will go through my background.

I came here on F1 visa (Bradley University) for doing my masters in 2007 and after one semester I transferred to Stratford University and Completed my masters in 2008 March (I remember it has accreditation at that time but not sure now) applied for OPT after that and approved.

My employer applied for my H1b visa in 2008 April under Masters Cap Quota and got approved effective Oct 2008. Later I have changed my employers and applied for H1b extension multiple times and successfully got approved. I also got my I-140 approved twice (one with current employer and other with previous employer).

Recently I have applied for H1b extension with my current employer and I got NOID but did not receive hard copy yet.  The reason is I have done my masters in Stratford University and it is a Private, for-profit university and is not eligible for Masters Cap Quota.

Below are my questions.

1.       How many days I have to leave US after NOID?

2.       How do I determine if my initial H1b got approved in Masters cap quota or general cap quota?

3.       Can my employer apply another H1b extension while withdrawing current petition before I receive Hard copy?

4.       If ‘Yes’ to Q3 then Can I work during this time?

5.       Can I apply for College and change to F1 status during this time?

6.       Can I switch to new job and apply H1b with new employer?

7.       If I have to leave US, am I eligible for next year’s H1b regular cap?

8.       I have Kids school and house and car that need be taken care of before I leave. Is there any way I can extend my stay to sell my house and car?

[adshah84]

Hi Sam,

I am really sorry to hear that but if USCIS has denied your petition on the basis of "for-profit university", the only option you have is apply fresh H1b in general quota in next year. 

If your I94 is valid you can apply COS to b1/b2 and finish your work and leave before decision. 

If your I94 is already expired leave ASAP. 

[Sam914]

On 8/28/2018 at 2:02 PM, adshah84 said:

Hi Sam,

I am really sorry to hear that but if USCIS has denied your petition on the basis of "for-profit university", the only option you have is apply fresh H1b in general quota in next year. 

If your I94 is valid you can apply COS to b1/b2 and finish your work and leave before decision. 

If your I94 is already expired leave ASAP. 

Thanks for your reply. My 1-94 expired in June I contacted my employer and after discussion with his attorney he is requested USCIS to find out if my H1b is picked in Masters cap or General cap as I am not exactly sure but it takes around 4 to 8 weeks and I dont have much time.

 

Along with this he is also applying another H1b extension with new Senior position and Increased wages and withdraw the current petition before I receive Denial hard copy. And they told during this time I can stay and work as my new petition will be in pending status.

Is this really valid?  I am not exactly sure about this but I need all your opinions.

 

Another question..while my new H1b is in pending I am planning to apply for college admission and change status to F1b but?

1. Is my H1b petition is still valid bacause I changed my status to F1b while H1b is in pending?

2. what happens in case if my new H1b petition gets approved what will be my status? Does my status automatically change from F1 to H1b?

[JoeF]

You won't be able to get an F1 because you have shown immigration intent with the I-140. The F1 doesn't allow immigration intent.

[praki]

Sam,

Sorry to hear . any update on ur case ? 

[shanthi Rao]

Hi Sam,

 

Sorry to hear you.

But we are also facing same situation. Any updates on your case?

[saleem0786]

Hi i am in the same about. I have received NOID on Stratford University on April 1st 2019 on H1B extension on approved i-140 and my i94 is still valid till July 29 2019.
I have filed my first H1B in 2013
Received date: April 15th 2013
Approved/Notice date: June 3 2013
What are my chance of approval and what are my options.

Can i file new H1b transfer.?

[raju.gaj]

On 8/28/2018 at 8:03 AM, Sam914 said:

Hello,

Thankyou for taking time to this. Before I ask my questions, I will go through my background.

I came here on F1 visa (Bradley University) for doing my masters in 2007 and after one semester I transferred to Stratford University and Completed my masters in 2008 March (I remember it has accreditation at that time but not sure now) applied for OPT after that and approved.

My employer applied for my H1b visa in 2008 April under Masters Cap Quota and got approved effective Oct 2008. Later I have changed my employers and applied for H1b extension multiple times and successfully got approved. I also got my I-140 approved twice (one with current employer and other with previous employer).

Recently I have applied for H1b extension with my current employer and I got NOID but did not receive hard copy yet.  The reason is I have done my masters in Stratford University and it is a Private, for-profit university and is not eligible for Masters Cap Quota.

Below are my questions.

1.       How many days I have to leave US after NOID?

2.       How do I determine if my initial H1b got approved in Masters cap quota or general cap quota?

3.       Can my employer apply another H1b extension while withdrawing current petition before I receive Hard copy?

4.       If ‘Yes’ to Q3 then Can I work during this time?

5.       Can I apply for College and change to F1 status during this time?

6.       Can I switch to new job and apply H1b with new employer?

7.       If I have to leave US, am I eligible for next year’s H1b regular cap?

8.       I have Kids school and house and car that need be taken care of before I leave. Is there any way I can extend my stay to sell my house and car?

Hi Sam, How did you handle your NOID case ? are you still in US ? Please respond to this.