H1B - NOID(Intend to Deny)

[sagarshah16]

Hello, 

 

I have received NOID(Intend to Deny) from USCIS after responding to the 1st RFE. Initially, I have received RFE to submit evidence for the “Maintenance of Status” for the CPT as I am studying a Ph.D. from the University Of Cumberlands. 

 

The following statement they have mentioned into NOID.

"SEVIS I- 17 records indicate the UC is only authorized to host F-1 students as its main Williamsburg, KY campus."

 

As UC has many campuses in the USA, I am going to Washington DC, location for my regular classes. 

 

I have already asked DSO to help me out and provide some documents, but they suggested me to find out all the necessary documents from their website. 

I have tried to find, unfortunately, I am not able to find any solid evidence. 

 

 

I am aware of that, there are many cases from the University of Cumberlands who got approval after getting the same RFE. 

 

Questions: What are the evidence I can use? What are the legal information should I use? What should I include in response?

 

I have only 25 days to respond.

[LeaveMessageH1B]

21 hours ago, sagarshah16 said:

there are many cases from the University of Cumberlands who got approval after getting the same RFE. 

You can start by contacting one of those "many" who got approval earlier, see if they can help you out.

If USCIS says only Williamsburg, KY campus is authorized, and you're not attending same campus...technically chances are slim (unless you find some documentation to prove otherwise.)

Since it's H1-b does you employer have an attorney? they need to take care of this, not you.

what documents you're looking from UC website?  post it here and some may be able to point out.

Good luck

[sagarshah16]

I have received the following letter from UC.

 

"According to SEVP Policy Guidance for Adjudicators 1003-03: Reporting Instructional Sites, “School

officials of public and/or a school accredited by a nationally recognized agency must report on the

Form I-17 the main instructional site, all instructional sites where an F or M student can receive 50% or

more of a program of study, and any separate record locations.” Given this policy, the University cannot

report course site locations on our I-17 as students receive less than 50% of their course instruction at

those locations."

 

Would it be enough to prove my case? If not Could you please let me know what other documents should I look for?

[LeaveMessageH1B]

On 9/29/2020 at 2:21 PM, sagarshah16 said:

Would it be enough to prove my case?

 

Legal language can be tricky.....If form I-17 has Williamsburg, KY campus  as an address. It does not look like it's in your favor.  you need to read the statement in " ". 

You may need to find those "many" who cleared these RFE and see how they responded. 

Also just an excerpt from document does not justify what letter communicates. you should rather hand it over to competent immigration professional.

[JoeF]

That institution is very shady, abusing the CPT rules. USCIS is cracking down on these shady institutions. Find a real university. And stop the CPT abuse.

Edited October 2, 2020 by JoeF