Srikanth@84 Posted June 1, 2020 Report Share Posted June 1, 2020 Hello, I have applied for my H1B extension and got a NOID. And the reason stating was my University i graduated "Stratford". I have already completed 12 yrs on H1B and my Perm got approved 8 yrs back. Can you help me out on how to respond and what options do i have now. And this Pandemic thing making it even worst, it's already been 60 days since i got my NOID, and we are yet to respond. Any suggestions would help! Quote Link to comment
JoeF Posted June 1, 2020 Report Share Posted June 1, 2020 Your mistake was to sign up with a barely legal "university." Did you use the Master's quota? That institution was a for-profit institution, and even now, they use some legal construct to hide that somewhat. If you got a Master's degree from them while they were for-profit, and you used that degree for the Master's quota, your H1 would have been approved in error, and would be invalid retroactively, and you could kiss your GC goodbye. You need to discuss your situation with a good lawyer ASAP. Quote Link to comment
User099 Posted June 2, 2020 Report Share Posted June 2, 2020 You should check with an attoney on this to be safe. Quote Link to comment
Attorney_15 Posted June 3, 2020 Report Share Posted June 3, 2020 Typically, I have responded to such Notices by arguing that the Beneficiary was counted against the Bachelor's cap otherwise USCIS would not have approved the CAP case or all the H1B petitions thereafter. Sadly there are mixed results with this strategy. Often USCIS just sits on the case without making a decision. Even if USCIS does deny the petition one can consider suing USCIS. One may also want to consult with an attorney about any other options / alternatives / back-up plans based on one's own circumstances. Quote Link to comment
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