H1b Filing in April 2013 - Masters Cap or Regular quota

[Bluewater]

Hi,

I graduated from ******* University in 2012 April.Since then am on OPT and currently working.My employer is filing my H1b next month and we are confused about Filing my H1 in Masters cap or Regular quota.

There are mixed opinions from friends , saying that as ******* is not yer accrediated , i cant file in Masters cap. But as a got my OPT and also applied for my OPT extension this month, i feel that i can apply in Masters quota. Suppose my employer files my H1 in masters quota , then what kind of RFE's i can expect.

And if suppose i get an RFE saying that my degree is not enough for Masters cap , then will they continue my Processing in Regular quota or are there any chances of rejection. Please let me know. Thanks

[rahul412]

There are mixed opinions from friends , saying that as ******* is not yer accrediated , i cant file in Masters cap. But as a got my OPT and also applied for my OPT extension this month, i feel that i can apply in Masters quota. Suppose my employer files my H1 in masters quota , then what kind of RFE's i can expect.

You can't apply in Master's cap. Your degree is invalid. Obviously it will be rejected.

And if suppose i get an RFE saying that my degree is not enough for Masters cap , then will they continue my Processing in Regular quota or are there any chances of rejection. Please let me know. Thanks

No,they won't do that. Moreover, your OPT was issued based on this invalid degree, so your ext might be rejected.

[Bluewater]

OPT extensions are getting approoved for almost everyone even now. So how can they reject H1b petetion. If we are given OPT and OPT extensions then our degree should be valid right.

[rahul412]

If we are given OPT and OPT extensions then our degree should be valid right.

Do you know why your univ was raided??

Your degree is invalid because your university is not accredited and USCIS doesn't considers degrees from unaccredited schools. It's better to consult some immigration attorney for help.

Why USCIS is approving OPT's? That should be answered by senior members, as I have the same doubt.

[JoeF]

There are mixed opinions from friends , saying that as ******* is not yer accrediated , i cant file in Masters cap.

Indeed. That "degree" is fake.

You can not use it for anything. Period. End of story.

You wasted your money on a worthless piece of paper.

******* is a fraud, nothing more.

[chtummala]

OPT extensions are getting approoved for almost everyone even now. So how can they reject H1b petetion. If we are given OPT and OPT extensions then our degree should be valid right.

hmm read the law ..

for h1b and GC school should be accredited ..

and for opt there is no rule preventing unaccredited schools ..

[chtummala]

for GC and H1B to use master quota you should got a masters degree from a institution of higher education (as defined in chapter 28 of US code 20 ( title 20 )) ..

if you need more details check 214 g of INA ..

and for OPT you should be going to a school which is sevip approved ..

[mnm0710]

I'm not going to lie, I don't understand why people choose to risk not only their future immigration opportunities but simply the money for education by going to these unaccredited universities.

The U.S really should make a law like other countries where the term University is protected, reserved and validated. Anyways good luck to you OP.

[t75]

USCIS and other US government agencies do a lot that makes no sense. After 40+ years of trying to understand many applications of the rules, I still scratch my head over what is allowed to occur.

[chtummala]

I'm not going to lie, I don't understand why people choose to risk not only their future immigration opportunities but simply the money for education by going to these unaccredited universities.

The U.S really should make a law like other countries where the term University is protected, reserved and validated. Anyways good luck to you OP.

hmm they are some state laws ..

some states have a rule that having unaccridated education in their resume is resume fraud ..

as long u dont use ur degree u are fine ..

but it is ture that wasting lot money ..

[Bluewater]

So if i apply H1b in General quota , what all documents should i be sending. Should i also send my OPT ead card. or how does it work. Please let me know. Am planning to apply in General quota to avoid any risk. Please suggest me the procedure. My employer is ready to file in Masters or General. but i should decide on that first.

[JoeF]

So if i apply H1b in General quota , what all documents should i be sending. Should i also send my OPT ead card. or how does it work. Please let me know. Am planning to apply in General quota to avoid any risk.

It would the ONLY option to begin with. Anything from that fake university (name seems to be blocked here now, but starts with H) is completely worthless.

USCIS needs to get a copy of your OPT, because it shows your current status. They still may ding you for abusing the F1.

[Bluewater]

Thanks man

[chtummala]

So if i apply H1b in General quota , what all documents should i be sending. Should i also send my OPT ead card. or how does it work. Please let me know. Am planning to apply in General quota to avoid any risk. Please suggest me the procedure. My employer is ready to file in Masters or General. but i should decide on that first.

Go with general ..

it is normal procedure ..

your attorney will know it ..