bheeshmachary Posted August 15, 2013 Report Share Posted August 15, 2013 Hello Everyone, could someone suggest me this, I am on H1 currently approved in 2012, previously I applied under MS quota later I got to know that the univ I studied is not eligible to apply in MS for H1. Now I would like to file the next extension in regular process instead of MS Quota. Question: Do I need to make an Amendment to the existing one from MS to Regular or can I just remove all my MS certificates and apply for extension? please help, that was a big mistake already committed I am trying to get out of it by pursuing my MS again in a reputed college. Thanks Link to comment
rahul412 Posted August 15, 2013 Report Share Posted August 15, 2013 could someone suggest me this, I am on H1 currently approved in 2012, previously I applied under MS quota later I got to know that the univ I studied is not eligible to apply in MS for H1. Now I would like to file the next extension in regular process instead of MS Quota. Your current H1 is invalid if you have used your master's degree for H1 approval. And for ext is cap exempt that means nothing to do with quota. You need to see an attorney ASAP. Currently, you are in trouble, only attorney can help you. Link to comment
bheeshmachary Posted August 15, 2013 Author Report Share Posted August 15, 2013 Your current H1 is invalid if you have used your master's degree for H1 approval. And for ext is cap exempt that means nothing to do with quota. You need to see an attorney ASAP. Currently, you are in trouble, only attorney can help you. Can you say what do you mean by H1 Invalid? because im currently working on h1 and have no notice from USCIS stating that its invalid or something. Please explain if possible. Link to comment
jairichi Posted August 15, 2013 Report Share Posted August 15, 2013 Your current H1 is invalid if you have used your master's degree for H1 approval. And for ext is cap exempt that means nothing to do with quota. You need to see an attorney ASAP. Currently, you are in trouble, only attorney can help you. Rahul, could you kindly clarify me? If H1B of OP is invalid then how is it possible to apply for an extension? Is there a leeway to do it? Link to comment
rahul412 Posted August 16, 2013 Report Share Posted August 16, 2013 Can you say what do you mean by H1 Invalid? because im currently working on h1 and have no notice from USCIS stating that its invalid or something. Please explain if possible. Your H1 was approved based on your Master's degree, now that degree is invalid your H1 becomes invalid. You won't see any problems now but you might face it in future. So to avoid all this mess contact some good attorney. Things might be different if you didn't used your master's degree for H1 approval. So here after your master's degree cannot be used for immigration benefits. http://forum.murthy.com/index.php?/topic/60882-i140-approved-in-2010-graduated-from-****-in-sept-2008/ Link to comment
rahul412 Posted August 16, 2013 Report Share Posted August 16, 2013 Rahul, could you kindly clarify me? If H1B of OP is invalid then how is it possible to apply for an extension? Is there a leeway to do it? That's correct. But OP was asking about filing ext under regular quote but ext is cap exempt. So OP has to file new H1 under regular quote next year, that's what I was trying to explain. Link to comment
jairichi Posted August 16, 2013 Report Share Posted August 16, 2013 That's correct. But OP was asking about filing ext under regular quote but ext is cap exempt. So OP has to file new H1 under regular quote next year, that's what I was trying to explain. Correct me if I am wrong. So, OP can apply for an extension only next year when the regular quota becomes available? Link to comment
bheeshmachary Posted August 16, 2013 Author Report Share Posted August 16, 2013 Correct me if I am wrong. So, OP can apply for an extension only next year when the regular quota becomes available? no As per rahul's explanation OP needs to apply for a fresh H1 under regular quota, till then if you H1 is valid if its not expired, incase if its expired then we need to make arrangements for maintaining status legally and then wait for next April to file New H1. Link to comment
JoeF Posted August 16, 2013 Report Share Posted August 16, 2013 That's correct. But OP was asking about filing ext under regular quote but ext is cap exempt. So OP has to file new H1 under regular quote next year, that's what I was trying to explain. It may be way more complicated than that. Eventually, USCIS will figure out that they made a mistake by approving the H1. They may then revoke the H1 retroactively, which in turn would make the OP illegal. And that of course would have quite severe implications. The OP needs to see a good immigration lawyer ASAP. Link to comment
rahul412 Posted August 16, 2013 Report Share Posted August 16, 2013 Correct me if I am wrong. So, OP can apply for an extension only next year when the regular quota becomes available? It's not ext, he will be filing completely new H1 under regular quota. He cannot file for ext since his earlier H1 was approved based on his master's degree and that degree is not valid so the H1 is not valid. Link to comment
jairichi Posted August 16, 2013 Report Share Posted August 16, 2013 It's not ext, he will be filing completely new H1 under regular quota. He cannot file for ext since his earlier H1 was approved based on his master's degree and that degree is not valid so the H1 is not valid. Got it. Thanks Link to comment
rahul412 Posted August 16, 2013 Report Share Posted August 16, 2013 It may be way more complicated than that. Eventually, USCIS will figure out that they made a mistake by approving the H1. They may then revoke the H1 retroactively, which in turn would make the OP illegal. And that of course would have quite severe implications. The OP needs to see a good immigration lawyer ASAP. Yes indeed,OP is out of status right now. Link to comment
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