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budgetpadbhanabam

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my brother did his MS from startford university and   ehonebee  is approved in ms category before regular category is closed.  Now he filed for extension and worried about news that people getting denials on non profit univ. I have below 3 questions. 

1. do you think he can defend his case using the policy memo given below that USCIS should have moved his petition to regular quota since regular quota is open when his h1b is approved.

2. do you or any of your contacts did got a query and saved using this clause(please no anta.com).   

3. any attorney who did handled these kind of cases and got it clared.

 

 

Please please help us.

 

Thanks guys in advance. i know its his mistake to join the univ but this mistake is already happened so now please dont start suggestions divert this thread. 

 

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3 minutes ago, budgetpadbhanabam said:

my brother did his MS from startford university and   ehonebee  is approved in ms category before regular category is closed.  Now he filed for extension and worried about news that people getting denials on non profit univ. I have below 3 questions. 

1. do you think he can defend his case using the policy memo given below that USCIS should have moved his petition to regular quota since regular quota is open when his h1b is approved.

2. do you or any of your contacts did got a query and saved using this clause(please no anta.com).   

3. any attorney who did handled these kind of cases and got it clared.

 

 

Please please help us.

 

Thanks guys in advance. i know its his mistake to join the univ but this mistake is already happened so now please dont start suggestions divert this thread. 

 

Next h1 will be rejected 

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5 minutes ago, budgetpadbhanabam said:

my brother did his MS from startford university and   ehonebee  is approved in ms category before regular category is closed.  Now he filed for extension and worried about news that people getting denials on non profit univ. I have below 3 questions. 

1. do you think he can defend his case using the policy memo given below that USCIS should have moved his petition to regular quota since regular quota is open when his h1b is approved.

2. do you or any of your contacts did got a query and saved using this clause(please no anta.com).   

3. any attorney who did handled these kind of cases and got it clared.

 

 

Please please help us.

 

Thanks guys in advance. i know its his mistake to join the univ but this mistake is already happened so now please dont start suggestions divert this thread. 

 

as you said, the mistake is already happened...

there is nothing to be done at this time.

Wait for them to review the application and see..

Post some dates, when is his current H1 -I-94 expiring?

I-140 approved? If yes, is it in EB-2?

 

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the next h1b season is coming up...

I may be wrong but a thought...in such cases, why can't people file another h1b in regular quota and avoid such risk ???/

Is that an option ? 

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Just now, Android_Halwa said:

the next h1b season is coming up...

I may be wrong but a thought...in such cases, why can't people file another h1b in regular quota and avoid such risk ???/

Is that an option ? 

You cannot!

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3 minutes ago, InSearch said:

as you said, the mistake is already happened...

there is nothing to be done at this time.

Wait for them to review the application and see..

Post some dates, when is his current H1 -I-94 expiring?

I-140 approved? If yes, is it in EB-2?

 

my question is as per ploicy memo given do you think he might have option to get it approved or do you know some one who got it approved using this clause.

 

https://www.uscis.gov/sites/default/files/files/nativedocuments/APPROVED_PM-602-0145_Matter_of_A-T-_Inc_Adopted_Decision.pdf

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I was in the same boat few years ago. My employer applied my h1 under ms quota (SU) first time it got approved for 3 years ..after extension applied I got  NOID notice and revoked h1 .. not even rejection direct revoked .. employer hands lifted no other option to join college.. joined but didn’t attended orientation session and college removed sevis ... Inka finally India flight ekkina.......

So me bro ki luck vunna this time ... eppudo okkasari hit avuthadhi sorry to say this ..

 

 

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1 minute ago, fakeIT said:

I was in the same boat few years ago. My employer applied my h1 under ms quota (SU) first time it got approved for 3 years ..after extension applied I got  NOID notice and revoked h1 .. not even rejection direct revoked .. employer hands lifted no other option to join college.. joined but didn’t attended orientation session and college removed sevis ... Inka finally India flight ekkina.......

 So me bro ki luck vunna this time ... eppudo okkasari hit avuthadhi sorry to say this ..

 

 

but ni first h1b approve ayyinappudu do you have regualr qutoa open? if so did you fight using this clause?

 

 

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23 minutes ago, budgetpadbhanabam said:

but ni first h1b approve ayyinappudu do you have regualr qutoa open? if so did you fight using this clause?

 

 

No quota ledhu .I got in 2014 ... fasaked in 2017... learned something out of it ...even having a good grades in btech. lafoot college lo chesthey .. life will ** up anytime..

 

anyway don’t think much .. just let it go and accept the outcome anthey .. ledha ante mental tension thoti potham

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55 minutes ago, budgetpadbhanabam said:

my brother did his MS from startford university and   ehonebee  is approved in ms category before regular category is closed.  Now he filed for extension and worried about news that people getting denials on non profit univ. I have below 3 questions. 

1. do you think he can defend his case using the policy memo given below that USCIS should have moved his petition to regular quota since regular quota is open when his h1b is approved.

2. do you or any of your contacts did got a query and saved using this clause(please no anta.com).   

3. any attorney who did handled these kind of cases and got it clared.

 

 

Please please help us.

 

Thanks guys in advance. i know its his mistake to join the univ but this mistake is already happened so now please dont start suggestions divert this thread. 

 

LTT

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49 minutes ago, budgetpadbhanabam said:

my question is as per ploicy memo given do you think he might have option to get it approved or do you know some one who got it approved using this clause.

 

https://www.uscis.gov/sites/default/files/files/nativedocuments/APPROVED_PM-602-0145_Matter_of_A-T-_Inc_Adopted_Decision.pdf

how mine or AFDB opinion matters?

On a safer note, I would say try Murthy's

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It depends upon the case to case. If your university Accredited during your masters you will be good as per the rules. If you have a strong Client who does proper filling you will get approved. Wait for the decision and if you have strong documentation you will get approved and finally, everything will be on Luck.. Amen-------

 

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1 minute ago, Waffle said:

It depends upon the case to case. If your university Accredited during your masters you will be good as per the rules. If you have a strong Client who does proper filling you will get approved. Wait for the decision and if you have strong documentation you will get approved and finally, everything will be on Luck.. Amen-------

 

Matter of A-T- Inc clarifies that, in order to qualify for an H-1B numerical cap exemption based upon a master’s or higher degree, the conferring institution must have qualified as a “United States institution of higher education” at the time the beneficiary’s degree was earned.

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