Okay, Actually after receiving RFE i called Univ and they straight away told that Univ doesn’t come under Public or Non- profit org. they provided a letter, but my attorney told that the letter is of no use. let me know your lawyer thoughts about this once he gets back to you. couple of my friends who applied from same univ in masters quota already got approvals, it’s just our bad luck and have to wait until next year.
ya it is just bad luck for us …
i dont think there is an answer for this, i am calling universities for the courses,
Okay, please let me know if you find any univ. when is your OPT expiring?
my opt is about to expire very soon,… ya will let you know if i find any…and u also keep posting about the univ s
Sure, i will let you know if i find any. try to call devry university.
Hi Harry,
is your Visa got Approved? Please let me know, I also got a query from USCIS saying my college does not come to h1b student quota.
My case is I did my masters from stratford in 2008 and got my initial H1B in 2011.
When I am applying for my H1 B extension in 2013 they are coming back and saying you applied in wrong category in 2011.
Please can you tell me what I can do to resolve this issue.
Does any one saw the same issue which I am facing.
Really Appreciate if any one can reply for my question.
Thanks,
Kumar.
That seems unfortunate. They are correct in stating that you applied in wrong AD category (as Stratford is for profit school); however they should have raised this concern in 2011.
What is your attorney suggesting? Maybe they can write to USCIS stating that if USCIS would have raised this in 2011, they would have refiled the petition in correct category. However, as that was not done they proceeded w/ it and it is not fair for them to expect you to go through the cap again, which has been exhausted.
Thanks very much Saurarabh.
I got a letter from my college stating all the points.
Any suggestions What can we add to the documentation when we reply to the RFE?
I don’t know what else can be included. Your attorney can respond more accurately.
I have not answered the RFE . Univ has provided a letter with all the points, but they are not stating if univ is public or non-profit organization. when i called univ they are clearly saying that Stratford is a private and profitable organization. according to Section 101 (a) of Higher Education Act of 1965, (pub. Law 89-32), 20 U.S.C private and profitable organizations doesn’t come under masters cap.
i don’t understand why they are asking you this again, you already have H1 and extension doesn’t come under cap count. consult you attorney and see if you can file under regular quota instead of masters.
Hi harry,
Thanks for getting back to me quickly.
As H1b Quota for the year 2013 is already exhausted need to check what the attorney can do.
In your case is it your first H1 B on Masters Quota? Did you get any feedback based up on the letter provided by college?
Your reply is appreciated.
Yes, This is my first H1. i gave that letter to my attorney, he told that we will get NOID(Notice of Intent to Deny) if we answer that RFE, it is clear that we do not come under Masters quota as the university doesn’t come under Public or non-profit org.
According to USCIS we have to satisfy all the below 5 points to come under masters quota. we are not satisfying the 4th point.
(a) Institution of higher education
For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of section 1091 (d) of this title;
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
harry,
I heard many people who had applied fresh H1 from Stratford does not have this problem.
Did you plan to re apply for new H1B?
Did this rule come to picture from 2012?Yes, very few unlucky got this RFE this year. This has been in the law from the beginning. They are nowadays enforcing it strictly. we cannot reapply now as the quota has exhausted. my attorney told that we can file in regular quota next year.
Did they ask you any other documents than this in the RFE.
this is the only information they had requested.
Is this rule is there from 2012 or from long time?
Harry,
My case is strange they had accepted my application when I filed in 2010 -11 under that category and if they say me NOID Now, thats not my mistake I dont know stratford will not come to the quota.
When they approved me in 2011 and do NOID now how can i accept as the quota is exhausted.
This has been there from long time, after Tri vally and UNVA incidents they are strictly enforcing this.
This also depends on the officer who handles our case, some of them go by book some are liberal.
You are right Harry.
But what can we do as a common person they approved it and stratford is accredited university only does not come to quota.
If they had told me that time I would have applied in regular quota.