Masters from Profit college/ Stamping without Amendment!!!

[rawbee]

Hello all,
For H1b Master's cap : The beneficiary's U.S. degree must be issued by an institution of higher education that is "a public or other nonprofit institution." The institution must also be "accredited by a nationally recognized accrediting agency or association" or "granted a pre-accreditation status." 

I earned my degree from one of the profit college which is accredited. I applied H1 in 2013 and approved. I am in H1b now. I heard that when we do H1 amendment or extension, they are revoking/denying the H1 because of profit college degree. I am planing to do my first time visa stamping very soon but before that i need to do my H1 amendment ( since my project location has been changed).

Can we do visa stamping without amendment tho i have LCA for new client?

Anyone has h1 from master CAP from those profit school? Please share your experiences

 

Thanks,

 

[jairichi]

Hello all,

For H1b Master's cap : The beneficiary's U.S. degree must be issued by an institution of higher education that is "a public or other nonprofit institution." The institution must also be "accredited by a nationally recognized accrediting agency or association" or "granted a pre-accreditation status." 

I earned my degree from one of the profit college which is accredited. I applied H1 in 2013 and approved. I am in H1b now. I heard that when we do H1 amendment or extension, they are revoking/denying the H1 because of profit college degree. I am planing to do my first time visa stamping very soon but before that i need to do my H1 amendment ( since my project location has been changed).

Can we do visa stamping without amendment tho i have LCA for new client?

Anyone has h1 from master CAP from those profit school? Please share your experiences

 

Thanks,

If you had a H1B petition approved under master's quota with a master's degree from a for profit institution it would be cancelled whether you request for amendment or extension or not.

[rahul412]

You cannot use that degree for H1.

[JoeF]

Without amendment, stamping would get denied.

And the H1 will get revoked, anyway, since it was approved in error.

You most likely will have to leave the country.

[aavula]

as Ur h1 was approved with an error. not sure whether they revoke or deny ur current h1 if you do amendment, but the chances are bright that they can do tht.

better consult a lawyer abt your case.

 

And my suggestion is though you can escape from all this now, but the fear will be there for you always as long as ur on this h1.

pls consult a good lawyer if you can apply a new h1 or any other ways.

 

ATB.

[Tjgarla]

I have known people getting their H1B transferred from the profit school last month.

 

I have heard about this new condition.

 

There is a good chance when you go for stamping they will check the university. It is a risky and a grey area.

[dsudheern]

Hi,

 Me and my friend are in the same Situation, Applied and got approval in "2013", 

 

I got 1 year initially after amendment i got 3 years in sep2013.

My friend got 3 years initially and she got the amendment last month which she got 3 years and she got stamped in Jamaica few days ago with out any issue.

 

I am hear some situations as you have mentioned above, but i see some successful stampings for some and H1B Denials for some.

 

I hope you get your stamping done very successfully and please let me know your status because i also planning to go for stamping near future.

[dsudheern]

http://forum.murthy.com/index.php?/topic/71089-visa-approved-on-30th-vancouver-canada/?hl=stratford

[JoeF]

I have known people getting their H1B transferred from the profit school last month.

 

I have heard about this new condition.

 

There is a good chance when you go for stamping they will check the university. It is a risky and a grey area.

This has been in the law from the beginning. And people get denied H1s left and right if they used a degree from a for-profit institution.

Again, the LAW says that for the H1 Advanced Degree quota, the degree ABSOLUTELY has to be from an accredited, public or non-profit private US university.

[JoeF]

Hi,

 Me and my friend are in the same Situation, Applied and got approval in "2013", 

 

I got 1 year initially after amendment i got 3 years in sep2013.

My friend got 3 years initially and she got the amendment last month which she got 3 years and she got stamped in Jamaica few days ago with out any issue.

 

I am hear some situations as you have mentioned above, but i see some successful stampings for some and H1B Denials for some.

 

I hope you get your stamping done very successfully and please let me know your status because i also planning to go for stamping near future.

Approvals would be in error, and such approvals will eventually be revoked, making the person illegal retroactively.

A degree from a for-profit university can NOT be used for the H1 Masters quota. Period!

[rawbee]

Thank you all for your response.

Yes its an error from USCIS and they have been doing this from long time. I heard they are only revoking when we do amendment, Extension and Transfer. 

I am not going for stamping at point. My lawyer said that they will apply another H1 under my bachelor degree. My question is, Can we apply new H1B from same company when you have H1b from same company?

 

Thanks,

[catx]

Yes its an error from USCIS and they have been doing this from long time.

No -- it was not an error from the USCIS.  As JoeF posted, the law has always stated that the Masters degree must be from a fully accredited U.S. public or non-profit private university / college.  The mistake was made by sponsoring employers and their immigration lawyers who filed the H-1B visa petition in the incorrect quota.  The USCIS more recently specifically checking for this incorrect filing and enforcing it is under their discretion, not their error.

 

(The USCIS's increased enforcement is a direct result of the demand for H-1B visas, foreign students getting 'Masters degrees' from questionable for-profit private universities / colleges, and making sure that legitimate Masters degree holders are given their due priority in the quota (e.g. their place is not taken by someone who does not qualify for it).  When there was not the heavy demand for H-1B visas, e.g. the quotas were open for 6 months, then this was less of an issue.)

[rahul412]

No -- it was not an error from the USCIS.  As JoeF posted, the law has always stated that the Masters degree must be from a fully accredited U.S. public or non-profit private university / college.  The mistake was made by sponsoring employers and their immigration lawyers who filed the H-1B visa petition in the incorrect quota.  The USCIS more recently specifically checking for this incorrect filing and enforcing it is under their discretion, not their error.

But still they have approved it. So where it went wrong??

[catx]

But still they have approved it. So where it went wrong??

 

Maybe the USCIS should have caught the error in the original H-1B visa petition being filed in the incorrect quota.  However, the root cause error was the employer and their immigration lawyer filing the H-1B visa petition in the incorrect quota in the first place.  The USCIS reserves the right to 'fix' such things (mistakes, oversights) at any point in time (like the IRS has the right to go back and reassess previously filed tax returns).  That is just the way it works.

[Harinath9]

I am in same boat. Degree from profit school, Planning to stamp asap. Should i go through amendment first ??

 

I have same employer and Client since my OPT.

[jairichi]

I am in same boat. Degree from profit school, Planning to stamp asap. Should i go through amendment first ??

 

I have same employer and Client since my OPT.

If you had obtained H1B in master's quota then an amendment is not going to help as it was approved in error.

[rahul412]

I am in same boat. Degree from profit school, Planning to stamp asap. Should i go through amendment first ??

 

I have same employer and Client since my OPT.

Forget about amendment. You need an attorney, your H1 approval was an error.

[rawbee]

Can I apply this year in general quota from same employer?

[rahul412]

Can I apply this year in general quota from same employer?

Your employer can.

But your current H1 approval itself is an error which means you need to see an attorney now.

[rKrishna7787]

Hi Rawbee

 

can you share your email address?

[upicky]

Hello,

I am in a similar situation. My initial H1b expired on Aug.2016. I applied for H!b transfer in dec 2015. USCIS raised an RFE inidcating my initial H1 b was approved in error. I am expecting a Denial soon. What would be my options?

Can i go to India->my employer applier applies for New H1b and get H1 stamped? In this case, am i eligible for Cap exempt to apply new h1 B?

Can i go to India, get H4 Stamped?

else can i apply for COS to h4 after receiving denial without leaving US?

Please help...