Extension Denied: Masters From For-Profit University Not Considered

[Spartan]

If your U.S. master’s degree is from a private, for-profit university and you obtained your H-1B approval under the Masters Cap exemption, you may run into problems obtaining an H-1B extension. The U.S. Citizenship and Immigration Service (USCIS) is taking a second look at H-1Bs approved under the Masters Cap exemption after some petitions appear to have been approved in error. For those cases where the initial H-1B petition was approved under the Masters Cap and the degree used to qualify for the exemption was from a private, for-profit school, the USCIS could deny the H-1B extension on the grounds that the worker was never actually counted towards the H-1B numerical limitations and is now subject to the H-1B quota. USCIS could also potentially revoke the approved H-1B petition.

On October 1st of every year, the U.S. government makes available 65,000 H-1B visas for the upcoming fiscal year. In addition, there is an advanced degree exemption provided to the first 20,000 petitions filed for an individual who has obtained a U.S. master’s degree or higher. However, not all U.S. master’s degrees are created equal when it comes to qualifying for this exemption. The school issuing the master’s degree must meet the definition of an institution of higher education as defined in section 101(a) of the Higher Education Act of 1965.

According to section 101(a), an institution of higher education is an educational institution that is, among other things, a public or other nonprofit institution and is accredited by a nationally recognized accrediting agency or association or has been granted pre accreditation status by such an agency or association recognized for granting pre accreditation status. Under this definition, a university that is private and for-profit is not considered an institution of higher education.

Below is a list of institutions that we have learned do not meet the criteria of United States institution of higher education as defined in section 101(a) of the Higher Education Act of 1965:

Stratford University
University of Northern Virginia
Sullivan University
Herguan University
Silicon Valley University

If your school is a private, for-profit institution and you obtained an H-1B approval under the Masters Cap, you should contact a qualified immigration attorney as soon as possible. With the new filing window opening on April 1, 2014, you may need to consider filing a new H-1B petition under the Bachelors Cap in order to avoid future problems with your H-1B visa. In addition, if you are a current F-1 student or recent graduate and are planning to file an H-1B petition in the upcoming filing window, consult with an attorney before filing under the Master CAP exemption if you attended a private, for-profit university.

Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Reddy & Neumann, P.C. is highly experienced in working with employment-based visas, adjustment of status, green cards, and PERM labor certification. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.

http://www.rnlawgroup.com/news/381-...red-under-masters-quota-for-h-1b#.UqpEP2RDvjI

[tom bhayya]

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[Nisacharudu]

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[Spartan]

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that thread only link..here matter posted..

[seelavathiaunty]

that thread only link..here matter posted..

matter with link posted 

[innovative]

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[Spartan]

matter with link posted 

 

 

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[SwamyRaRa]

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[vikuba]

nuventi goldeybeacome teesesi sullivan add chesav?

[MegaPowerRockstar]

is there a way for us to identify...if our H1 was in regular or MS qouta?

[Doola]

is there a way for us to identify...if our H1 was in regular or MS qouta?

 

 

nuvvu ee quota lo veste aa quota lo vuntadi

[aceruser]

nv emdulo select ayav anedhi kadhu imp application fill chesetaypudu masters use chesava ledha ani.

me employer masters quota kinda consider chymani file chestadu . dani bati process chestharu.

nv masters kinda file adhi regular quota lo pick ayna ne h1-b masters quota lo vachinate as far as i know.

[Anta Assamey]

[MegaPowerRockstar]

nuvvu ee quota lo veste aa quota lo vuntadi

Adhe ela telusuthudheeee ?? Manama application lo ms Anne pedutham...
Kanne aa time lo ms quota lo poyindhe leka regular Anne teliyadhu kada
Until lawyer tells...

[patela_24]

Lawyer ki patha undadhu adhi MS / regular quota lo select aindhi ani...but regular lo pick aithe though MS docs pettina, under cap subject rules, bacheloers only consider chesi approve/deny chestharu...

 

mana primary goal enti ante manadhi ye category lo select aindho telusukovali...