ragz226 Posted August 1, 2013 Report Share Posted August 1, 2013 Hi All, I applied for H1B in Master's quota in April 2013 and my application got picked in the lottery. Later there was a RFE on my application asking evidence for employer-employee relationship. My employer said that he filed everything correctly. I was checking the status of the application in uscis and did reach before the date the rfe end's. They took 9 business days for processing and yesterday evening the clock stopped on premium processing and my employer called later and informed me that the H1B was denied. I have graduated from a univ in san jose, it did not have accrediation when i graduated but it got acreditation the next semester. The reason my employer informed was that the denial could be because of my university as it did not have accreditation when i graduated and he also mentioned something else he sad he will give me correct reply in 2-3 days. So what are my options here? Can i apply for a motion to reopen and have my case looked up again? Please suggest me if there is any way i can re try my h1 and get it approved I am in a confused state now, i got married last year and tried F2 in december 2012 and it got denied 221g was granted, i was on OPT extension when i tried her F2 visa.I made a conclusion that it was because i was on OPT her visa was not granted. So i did not try as i thought applying for h4 should solve her visa issue and convinced my wife to stay in india till this october. Now that i got denied for H1 what would be best suggestion to apply visa for my wife? I am planning to do a seconds master's from a well known university now, shall i try for her f2 again after become a active student with a good university or shall i ask her to apply for a student visa. I am worried that multiple attemts would reflect a potential immigrant threat and the chances of denial may increase. So please suggest me some options to get my wife's visa Link to comment
omshiv Posted August 1, 2013 Report Share Posted August 1, 2013 Why take all this trouble...world doesnt end here..go back to your home country and enjoy. You knowingly joined a fraud unaccrediation school. Link to comment
rahul412 Posted August 1, 2013 Report Share Posted August 1, 2013 Hi All, I applied for H1B in Master's quota in April 2013 and my application got picked in the lottery. Later there was a RFE on my application asking evidence for employer-employee relationship. My employer said that he filed everything correctly. I was checking the status of the application in uscis and did reach before the date the rfe end's. They took 9 business days for processing and yesterday evening the clock stopped on premium processing and my employer called later and informed me that the H1B was denied. I have graduated from a univ in san jose, it did not have accrediation when i graduated but it got acreditation the next semester. The reason my employer informed was that the denial could be because of my university as it did not have accreditation when i graduated and he also mentioned something else he sad he will give me correct reply in 2-3 days. So what are my options here? Can i apply for a motion to reopen and have my case looked up again? Please suggest me if there is any way i can re try my h1 and get it approved I am in a confused state now, i got married last year and tried F2 in december 2012 and it got denied 221g was granted, i was on OPT extension when i tried her F2 visa.I made a conclusion that it was because i was on OPT her visa was not granted. So i did not try as i thought applying for h4 should solve her visa issue and convinced my wife to stay in india till this october. Now that i got denied for H1 what would be best suggestion to apply visa for my wife? I am planning to do a seconds master's from a well known university now, shall i try for her f2 again after become a active student with a good university or shall i ask her to apply for a student visa. I am worried that multiple attemts would reflect a potential immigrant threat and the chances of denial may increase. So please suggest me some options to get my wife's visa I know from which univ you have been graduated. Now that your H1 is rejected on genuine reason MTR is waste of time and money. Admissions for reputed univ's are closed for now. It doesn't work since you have already filed for H1, so forget F1. what is your current status?? when does your OPT expires?? Link to comment
shandan Posted August 1, 2013 Report Share Posted August 1, 2013 You are correct about migration intent, even though it is not an ideal outcome and may not meet your expectation, but at this point you need to weigh your options about family vs being in US. I would suggest (again it is my personal opinion) that you go back and start your career have good family life and when you have some more experience try to find a genuine employer to file H1B for you and at which point you can come to US with your family. Good Luck! Link to comment
ragz226 Posted August 1, 2013 Author Report Share Posted August 1, 2013 I know from which univ you have been graduated. Now that your H1 is rejected on genuine reason MTR is waste of time and money. Admissions for reputed univ's are closed for now. It doesn't work since you have already filed for H1, so forget F1. what is your current status?? when does your OPT expires?? o m on opt ext it expired in december Link to comment
itsmeusa Posted August 1, 2013 Report Share Posted August 1, 2013 I would consult a good immigration attorney. They would provide you good advice. Link to comment
jairichi Posted August 1, 2013 Report Share Posted August 1, 2013 o m on opt ext it expired in december so are you in your home country? if you are in US what is your status now? Link to comment
ragz226 Posted August 1, 2013 Author Report Share Posted August 1, 2013 so are you in your home country? if you are in US what is your status now? sorry that was a typo, i m on my opt ext and it expires dec 2013 Link to comment
ragz226 Posted August 1, 2013 Author Report Share Posted August 1, 2013 You are correct about migration intent, even though it is not an ideal outcome and may not meet your expectation, but at this point you need to weigh your options about family vs being in US. I would suggest (again it is my personal opinion) that you go back and start your career have good family life and when you have some more experience try to find a genuine employer to file H1B for you and at which point you can come to US with your family. Good Luck! Thank you Shandan, i do not think it was a employer problem and i would blame my luck for being denied for H1 as other ppl who applied from the university did get approved. If nothing work's out that is the final option to go back to india Link to comment
omshiv Posted August 1, 2013 Report Share Posted August 1, 2013 Thank you Shandan, i do not think it was a employer problem and i would blame my luck for being denied for H1 as other ppl who applied from the university did get approved. If nothing work's out that is the final option to go back to india yah i guess that would be a good idea..not good to stay away from wife. there's more to life than US. Link to comment
rahul412 Posted August 1, 2013 Report Share Posted August 1, 2013 o m on opt ext it expired in december Okay, I think you can work till December. Next time when you find H1 job, do not use this degree use your bachelor's degree. Link to comment
JoeF Posted August 1, 2013 Report Share Posted August 1, 2013 You can only use a degree for the H1 when the institution was accredited when you got the degree. Also, for the H1 Masters quota, the degree has to be from a public or non-profit private institution. Link to comment
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