H1B Transfer Issues when masters from for-profit university

My orginal H1B petition was approved under Master Quota with UA degree with validity till 12/2013 and subsequently the extention was also approved till 12/2016 and the extention petition was done with Bachelors degree. Meanwhile i filed my GC in EB2 with perm approved but I-140 was denied becuase of U*A degree. I just need some guidance from senior members on below queries

  1. I am planning to transfer my H1B to join a full time position. Is it safe to do transfer. what kind of issues do you expect?

  2. Should i stick with my current company with Extn approved till 2016 and file GC in EB3 catogery. Do you expect any issues in the future.

  3. Is there any chance that i can file new capcount 2016 H1B with my Bachelors Degree(3 years BSC-CS + 6 years US experience)? How does this process works, will USCIS revoke orginal H1B and approve new capcount H1B. Do i need to leave the country to get the new H1B stamped

  4. I also read in some other forums that USCIS is going back to look in the year when H1B was approved to see if the petition was approved before the cap was reached so that they can adjust the numbers. Is anyone heard about this during their research? My details are receipt date 12/13/2010 - Notice date of approval is 02/24/2011. Which year should i be referring to check the cap was reached?

Thanks in advance for your time


  1. Your stay is illegal as per USCIS. it is a mis-rerpesentation (you were never under Masters quota)

  2. Better to leave country ASAP and file H1 for new cap this year

  3. New h1 must be ok. But you may run into issues at the time of stamping or somewhere down the line, as your visa status is illegal because of mis-representation (you were never under Masters quota)

  4. Cap is new every year. You must go thru lottery as everyone dioes