Master cap vs General cap - Private University Degree ? Wrongly submitted

Hello everyone

I have question for you guys.

My employer filed for h1b this year, I have MBA degree from xyz college ( Profit & Private ), so I am not eligible for master cap. However, my employer selected master cap( he supposed to select general cap) during initial registration process. My h1b application got selected in lottery. He sent me receipt too.

Now my question is what should I do ? He wants me to go ahead and submit all documents too uscis. I read on few blogs that uscis will denied your petition in this case.

I need your suggestions. Please help me out.

Thank you

It has to be non-profit to qualify for Masters. If you know you are not eligible, then it is a mistake on your attorney part. Filing the H1B will only get into denial as it was wrongly filed…
It is sad to hear, but it is better to not file, than file and get rejected…
I suggest you speak to another attorney…
Do update what you hear from other attorney here for everyone benefit.


My employer wants to take a chance, even he will take care of all expenses.
currently I am on day 1 CPT. do you think I should take a chance?

Well, I do not have an opinion here, I will leave it up to your discretion.

Hi, I am in the same situation currently and was given the same advice by an attorney to go ahead and try it.

My question is, is there any way of knowing if you were selected under the general cap or under the masters cap?

Also to add to this if the case was rejected at the next stage under the previously stated terms would the money be refunded or kept by USCIS?

I dont know how can we track that.

I think USCIS will keep the money.