H1B Education Qualification RFE Univeristy not accredited


meetnaani

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Posted

Hi folks,

One of my cousins got an RFE related to education background. She did Masters in USA and provided MS credentials as part of H1B application but USCIS sent an RFE saying that Masters degree is not accounted due to univeristy is not accreditaed and asked to prove the education background required for the speciality occupuation job.

She aslo had done her Masters in Mathematics and Bachelors in Science from India and 3 yrs of IT experience in India and 1 yr of IT experience in USA. (Masters and Bachelors degree were not sent as part of the H1B application earlier).

Are these sufficient to answer the RFE to get the h1b approved? is Masters in Maths be considered relevant studies for speciality occupation Please shed some suggestions and/or experiences on this.

Thanks in advance!

Posted

She aslo had done her Masters in Mathematics and Bachelors in Science from India and 3 yrs of IT experience in India and 1 yr of IT experience in USA. (Masters and Bachelors degree were not sent as part of the H1B application earlier).

As far as my knowledge is concerned, my employer told me that he needs all of my previous degree certificates and experience letters in order to file my H1. That means her employer should have submitted all the degree certificates.

BTW can you share the university name here so that people can avoid that univ?

Posted

She can submit them but whether they are enough to obtain approval is anyones guess. She should have gone to a "real" UAS school and not tried to scam the system. She wastred a lot of toime and money for tryin g to take short cuts.

Posted

Go through the below excerpt from uscis.gov:

"One of the most common situations an adjudicator will encounter is an H-1B petition filed for an alien in specialty occupation where the alien lacks a U.S. bachelor’s degree. Adjudicators should be thoroughly familiar with 8 CFR 214.2(h)(4)(iii)(D) which describes the kind and amount of experience which can be used to establish the equivalence of a degree. Three years of professional experience may be used to substitute for each year of college-level training. The most critical aspect of this type of adjudication is deciding whether the quality of experience is at high enough level to qualify as “professional.” Experience is generally documented through letters from past employers and may be so lacking in specificity as to make the qualitative determination difficult or impossible. The regulations for deciding equivalency are very specific and must be closely followed."

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