H1B NOID RFE Received. please help

I have applied for my H1b (Master Cap) this April year 2013. I have received RFE and NOID.
Could any one please help me to resolve my case.

NOID is about my university, Below is the details that i received from USCIS.

A review of our records indicate that Stratford university, located in Fallschurch VA is for a private profit organization.
In order to qualify for master cap exemption, the beneficiary has to obtain a master degree from an institute of higher education as defined, as folloes, in section 101(a) of the higher education act of 1965, Pub.Law 89.329, 20 U.S.C section 1001(a)

Could any one please suggest me what should i reply to USCIS at this point? i will appreciate your help. please urgent.


This was answer given by Saurabh for a similar question:

The school comes under Section 102(a) of the Higher Education Act of 1965 and not Section 101(a) as it is a for-profit organization.

Your school knew its degree doesn't qualify for Advanced Degree cap, but regular cap. Here is a post from someone who graduated from same school and received similar RFE: [http://forum.murthy.com/index.php?/topic/46942-please-help-intent-to-deny-for-my-h1-b/](http://forum.murthy.com/index.php?/topic/46942-please-help-intent-to-deny-for-my-h1-b/)

The post makes it clear that school attorney clarified that students do not qualify for Advanced Degree Cap but Regular cap. Talk to your H-1 attorney quickly about it, or else it may result in denial.

Just my thoughts and i am not a Attorney. Please do discuss with your own attorneys.

As per below Memo, USCIS should approve petition as long as there is a regular quota not filled at time of original petition approved.

E.g. If your H1b is approved on 2011 August and the regular quota is filled up on Nov 2011, then you should not have any problem.

For all other cases below memo says they can clearly deny.

Here, the Director’s determination of cap exemption ineligibility was issued after the final receipt
date, and so the petition was properly denied. On April 4, 2013, the Petitioner filed the H-1B
petition which indicated that the Beneficiary’s master’s degree from ITU qualified him for the
Master’s Cap exemption.8
The next day (April 5th), USCIS issued a notice that, as of that date, it
had received sufficient numbers of H-1B petitions to reach the H-1B Cap for FY14.9
April 5, 2013 is the FY14 “final receipt date,” for acceptance of cap subject H-1B petitions. Because
the Director determined, after that final receipt date, that the Beneficiary was ineligible for a
Master’s Cap exemption, the Director must and properly did deny the petition without considering
eligibility under the general H-1B Cap.