Hello Guys,
My I-140 under EB2 was recently denied stating that my university doesn't have accreditation by the time I have graduated from it.
To give some background about my self I came to USA on F1. After graduation I got OPT using which I have started working directly to a client. Later obtained OPT extension and by the end of OPT extension employer A has applied H1B under masters quota. After working 2 years for employer A I got better opportunity and moved to employer B. My H1b transfer was initiated by employer B and was approved. After 6 months of work employer B has started Green card process, labor was approved. Then they initiated I-140 (EB2) in premium process which got denied because my university doesn't have accreditation by the time I have graduated.
While applying H1B under master's quota I have asked my lawyer about my eligibility. He confirmed that I am eligible to apply under master quota because by the time I have graduated my university was per-accrediated.
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As per Section 101(a) of the Higher Education Act of 1965
INSTITUTION OF HIGHER EDUCATION- For purposes of this Act, other than title IV, the term institution of higher education’ means an educational institution in any State that–
(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.
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As per above law as said by my lawyer I am eligible to apply H1B under master's quota and I agreed to do that.
Then employer has applied labor & I-140 (EB2) under masters. Though labor got approved, I-140 was denied. When I checked NOID there is a different rule for EB2 I-140 eligibility for masters.
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According to 8 C.F.R Section 204.5 (K) (2) states in pertinent part:
Advanced degree means any united states professional or academic degree or a foreign equivalent degree above that of baccalaureate.
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So applying H1B under master's quota have different rule when compared EB2 eligibility with master's degree.
what has happened is happened, Now I am planning to go for stamping in my home country. I am worried I-140 NOID would trigger some issues with my H1B stamping. I would need some expert advise what can be done here to get out of this situation?
- I paid taxes promptly.
- Worked directly to reputed technology clients (not EVC)
- I am working in the field of study I did (bachelor's computer science & Master's computer software engg)
- No DUI, traffic violations.
- H1B was approved twice (1 New , 1 Transfer)
Thanks
IDK Law
My I-140 under EB2 was recently denied stating that my university doesn't have accreditation by the time I have graduated from it.
To give some background about my self I came to USA on F1. After graduation I got OPT using which I have started working directly to a client. Later obtained OPT extension and by the end of OPT extension employer A has applied H1B under masters quota. After working 2 years for employer A I got better opportunity and moved to employer B. My H1b transfer was initiated by employer B and was approved. After 6 months of work employer B has started Green card process, labor was approved. Then they initiated I-140 (EB2) in premium process which got denied because my university doesn't have accreditation by the time I have graduated.
While applying H1B under master's quota I have asked my lawyer about my eligibility. He confirmed that I am eligible to apply under master quota because by the time I have graduated my university was per-accrediated.
-----------------------------------------------------------------------------------------------------------------------------------
As per Section 101(a) of the Higher Education Act of 1965
INSTITUTION OF HIGHER EDUCATION- For purposes of this Act, other than title IV, the term institution of higher education’ means an educational institution in any State that–
(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.
-----------------------------------------------------------------------------------------------------------------------------------
As per above law as said by my lawyer I am eligible to apply H1B under master's quota and I agreed to do that.
Then employer has applied labor & I-140 (EB2) under masters. Though labor got approved, I-140 was denied. When I checked NOID there is a different rule for EB2 I-140 eligibility for masters.
-----------------------------------------------------------------------------------------------------------------------------------
According to 8 C.F.R Section 204.5 (K) (2) states in pertinent part:
Advanced degree means any united states professional or academic degree or a foreign equivalent degree above that of baccalaureate.
-----------------------------------------------------------------------------------------------------------------------------------
So applying H1B under master's quota have different rule when compared EB2 eligibility with master's degree.
what has happened is happened, Now I am planning to go for stamping in my home country. I am worried I-140 NOID would trigger some issues with my H1B stamping. I would need some expert advise what can be done here to get out of this situation?
- I paid taxes promptly.
- Worked directly to reputed technology clients (not EVC)
- I am working in the field of study I did (bachelor's computer science & Master's computer software engg)
- No DUI, traffic violations.
- H1B was approved twice (1 New , 1 Transfer)
Thanks
IDK Law