H1B Filed in MS Quota, filing Ext with Bachelors


scorpio9

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Posted

Hi,

 

My H1 was filed in MS quota 2 years back with Employer A, and I transferred to Employer B 1year back and now I am filing my H1 ext with him. But the issue here is my MS university lost its accredation when I graduated, so I am thinking of filing my extension just with Bachelors since my current job requires minimum Bachelors degree.

 

Question to experts in the forum: Since I filed my initial H1 under Masters quota and now if I file my ext with Bachelors is there a chance of getting RFE on this?

 

Appreciate your answers.

Posted

Hi,

 

My H1 was filed in MS quota 2 years back with Employer A, and I transferred to Employer B 1year back and now I am filing my H1 ext with him. But the issue here is my MS university lost its accredation when I graduated, so I am thinking of filing my extension just with Bachelors since my current job requires minimum Bachelors degree.

 

Question to experts in the forum: Since I filed my initial H1 under Masters quota and now if I file my ext with Bachelors is there a chance of getting RFE on this?

 

Appreciate your answers.

Yes, as your initial H1B petition itself is invalid as you used a Masters degree from a non-accredited institution and filed in masters quota.

Posted

Thanks for the reply Jai.

 

I understand my initial H1 petition might be invalid but I got my first H1 approved then transferred got approved and then my previous extension also got approved all this happened when I was not aware that my university lost its accredation. Now that I am aware I am trying to do best. So my question is, if we filed initial H1 in MS quota and then transferred to another employer(new petition), now can we file extension with Bachelors in general(irrespective of whether my university lost its accredation or not) ?

 

Aprreciate your answers!

Posted

Thanks for the reply Jai.

 

I understand my initial H1 petition might be invalid but I got my first H1 approved then transferred got approved and then my previous extension also got approved all this happened when I was not aware that my university lost its accredation. Now that I am aware I am trying to do best. So my question is, if we filed initial H1 in MS quota and then transferred to another employer(new petition), now can we file extension with Bachelors in general(irrespective of whether my university lost its accredation or not) ?

 

Aprreciate your answers!

I am not sure. But, I believe that your employer would be required to file a cap subject H1B petition next April with your bachelors degree (4 years). Wait for other members comments.

Posted

Thanks for the reply Jai.

 

I understand my initial H1 petition might be invalid but I got my first H1 approved then transferred got approved and then my previous extension also got approved all this happened when I was not aware that my university lost its accredation. Now that I am aware I am trying to do best. So my question is, if we filed initial H1 in MS quota and then transferred to another employer(new petition), now can we file extension with Bachelors in general(irrespective of whether my university lost its accredation or not) ?

 

Aprreciate your answers!

It doesn't matter, they know that you have filed your H1 with master's degree.

Your H1 will be approved, only if you are lucky.

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