RFE on my H1B petition.

[jawwadkiani]

USCIS has asked for additional evidence to prove I am eligible for H1b Masters cap. They have asked for proof on how my Masters degree from a private for profit university is eligible for the masters cap petition and how my degree relates to my proffered position. At the time of filing my H1b I was not aware that private for profit universities do not qualify for Masters Cap. Is there anything we can do now or would this case be rejected now? If the chances of my case being rejected now are higher than should we withdraw my case and apply for regular H1B next year? I am currently enrolled in another Masters degree program (MS in IT) from a non profit organization and working on CPT. Next Semester Spring 2021 is my last semester. How do I keep my status legal and continue working until my H1b can be filed next year?

 

[t74]

Who is the "we" you are referring to? Why are you involved in any of this? Is your employer a small body shop or a real company?

The company/attorney filing the H-1B should have been aware of the issue. The private, MS offering diploma mills are designed to scam money from people who do not check them out. Your petition should be denied. Your current MS degree is worthless for US guest work if it is indeed private and for-profit. Just because it can offer f-1 status does not mean it is legitimate; there have been a number of these so called universities closed in recent years with the students being deported. Check the news reports..

An IT degree should meet very strict requirements. Check the ABET website to see if it is accredited. Just becasue an institution (organization?) is non-profit doews not make it a quality degree.

Many CPT programs are not properly constructed to meet the requirements.

You cannot work without proper authorization, If you graduate with a legitimate MS and have not used OPT, you have that option. Check with the DSO at your university for the process and requirements.

Just because a petition for you is filed does not guarantee you a visa. DO NOT WORK ILLEGALLY either during your enrollment in school or any other time. Find a better employer if you meet the requirements; you have not been well served to date.

By the way, does your undergraduate degree come from an internationally accredited university or a foreign fly by night diploma mill?

 

[jawwadkiani]

Who is the "we" you are referring to? Why are you involved in any of this? Is your employer a small body shop or a real company?

The company/attorney filing the H-1B should have been aware of the issue. The private, MS offering diploma mills are designed to scam money from people who do not check them out. Your petition should be denied. Your current MS degree is worthless for US guest work if it is indeed private and for-profit. Just because it can offer f-1 status does not mean it is legitimate; there have been a number of these so called universities closed in recent years with the students being deported. Check the news reports..

An IT degree should meet very strict requirements. Check the ABET website to see if it is accredited. Just becasue an institution (organization?) is non-profit doews not make it a quality degree.

Many CPT programs are not properly constructed to meet the requirements.

You cannot work without proper authorization, If you graduate with a legitimate MS and have not used OPT, you have that option. Check with the DSO at your university for the process and requirements.

Just because a petition for you is filed does not guarantee you a visa. DO NOT WORK ILLEGALLY either during your enrollment in school or any other time. Find a better employer if you meet the requirements; you have not been well served to date.

By the way, does your undergraduate degree come from an internationally accredited university or a foreign fly by night diploma mill?

Thank you for your response.

By "we" I meant my employer and I. Obviously I know I am the beneficiary and not directly involved with the H1b petition. My employer is a consultation company and have filed for H1b previously for other employees. Yes you are right the attorney should have known about this issue. I got the Masters degree from Strayer University so I don't think that university is a scam. It is institutionally accredited by the Middle States Commission on Higher Education, which is recognized by the U.S. Department of Education and the Council for Higher Education Accreditation. Currently I am enrolled in University of the Cumberlands which is also accredited.

Yes I received my undergraduate degree from Staffordshire University in the UK. It is one of the most well known, public non-profit university in the UK. What do you suggest I do? I do not want to risk my legal status in anyway. I have worked hard to keep my status here in the US legal. I am currently working for the state on a contract. I am a law abiding citizen and I really would like to continue staying here in the US. Please let me know what I should do next. Thank you

 

[FlyingRon]

A consultation company sounds like a body shop and is an abuse of the H-1B program. It matters little how much other immigration fraud is going on there. You need to concentrate on your case.


You're screwed at least for 2021 no matter whether you got your masters from the Close Cover Before Striking school of Data Processing or Harvard University. The CIS has closed the eligibility for that back in March, further Trump suspended new H-1B processing back in June (though you can expect this is probably going to be canceled out early in the Biden administration).

Alas, it is up to your employer to read the requirements and it's pretty glaringly stupid they wasted the money filing for the requirements are layed out in the law that it must be nationally accredited (which Strayer is) and public non-profit (which Strayer is not).

The RFE is sent automatically when it appears your institution is not eligible. It gives you the chance to show it is or that you have a masters from a valid institution. You are not going to be able to show that you are elgibile.

Further, you do understand that the masters cap exemption wouldn't have guaranteed you entry anyhow? It's just a different lottery than the regular one.

 

[jawwadkiani]

A consultation company sounds like a body shop and is an abuse of the H-1B program. It matters little how much other immigration fraud is going on there. You need to concentrate on your case.


You're screwed at least for 2021 no matter whether you got your masters from the Close Cover Before Striking school of Data Processing or Harvard University. The CIS has closed the eligibility for that back in March, further Trump suspended new H-1B processing back in June (though you can expect this is probably going to be canceled out early in the Biden administration).

Alas, it is up to your employer to read the requirements and it's pretty glaringly stupid they wasted the money filing for the requirements are layed out in the law that it must be nationally accredited (which Strayer is) and public non-profit (which Strayer is not).

The RFE is sent automatically when it appears your institution is not eligible. It gives you the chance to show it is or that you have a masters from a valid institution. You are not going to be able to show that you are elgibile.

Further, you do understand that the masters cap exemption wouldn't have guaranteed you entry anyhow? It's just a different lottery than the regular one.

Thank you for your response. What do you suggest I do now? I want to measure my options and see if there is anything I can do to keep my status legal in US. I know this H1b is a lost cause so what other options do I have now to ensure my safety?

 

[FlyingRon]

Either adjust to something legal (like F-1 if your current educational program provides for it), go home, or deal with the consequences of unlawful presence. You may wish to consult an attorney.

 

[t74]

Neither university you named is a "quality" institution. Cimberlands is bottom tier at best. It is a joke as is your employer. You have been deceived. I hope you have not paid your employer anything for your visa filings.

I am sorry that in your desire to qualify to work in the US that you wasted your money, time, and effort at useless degrees. Foreign students are easy prey.

You need to go home, get experience at a good company and come on a L1-B intra-company transfer.

Note that very few degrees require CPT qualifying experiences as a requirement.