H1b Extension form I-129 mistake of filing in Master's

Hi,

I had my H1-b last year which was one year. It was a general quota. I filed my extension application this year. While filing the application, we made a mistake in numerical limitations of selecting master’s degree rather than bachelor’s degree. I have Master’s through an University which is a profit organization. USCIS has issued a intent to deny notice which is asking to show about my University as non profit. As, there is a mistake in filing under bachelor’s degree, Can I appeal for USCIS to change the form I-129 to regular quota.

Please let me know of any students who have faced this problem.

Thanks.

You should explain to USCIS that it was a human mistake. Submit copy of old I-129 to show that it was approved for non-AD quota and it shouldn’t be impacted by this mistake.

Did they issue NOID on this extension petition or original petition?

Hi,

They Issued NOID for extension petition. Is there any chance can we know if my original petition was selected in regular or master’s Quota.

Thanks for responding.

The notice shows something like this: can you tell me what does this actually mean ?

At present, the record of evidence does not establish that the beneficiary has earned a master’s or higher degree from a U.S. institution of higher education as defined in section 101(a) of the Higher Education Act of 1965.

Yes, it is what you described earlier. They want a degree from a non-profit school.

Do you have copy of original I-129 that was filed. It should have information whether it was filed in regular cap or advanced degree cap.

In that case, in my original petition of last year. In the numerical limitation information, in the section 1 we selected cap h1-b bachelor’s degree for the type of h1-b we are filing but the law firm has entered section 2 where they ask for name and address for master’s university. so, I have a doubt whether the application was picked in regular or master’s quota. Regarless, i had an RFE last year regarding everything. Is there any chance can I know about the quota in which it was picked. I believe it was regular as they did not reject my petition last year or they did not tell anything about it this year.

with this included, my intent to deny this year contains this :

At present, the record of evidence does not establish that the beneficiary has earned a master’s or higher degree from a U.S. institution of higher education as defined in section 101(a) of the Higher Education Act of 1965.

I feel according to this info, they don’t have record about my master’s last year which I feel(I don’t know if I am right or wrong).

Pleas let me know about your views.

Thanks.

That’s a bad data entry from the lawyer firm. How can they select both 1 and 2.

I have seen instances when USCIS didn’t question the original petition’s AD eligibility but raised the question when extension was applied. So that is something which is still possible.

It is tough to say which quota it was picked from. Does your employer still retain the old attorney? If yes, its better to ask them for clarification. I think when the package is sent, they have to mention it on the envelope as well about the cap.

Hi,

Thanks for your response. Actually, I am moving forward with murthy law firm and they are dealing the case. I have an another doubt to ask you. Can you please let me know about h-1b to f-1 transfer.

My status is going to end by the end of sept 30. I have applied for extension but I have received a NOID response from USCIS. At present, I am fighting it back by writing the appeal. I wanted to take an admission and join school now as I can work and study during H-1B. I have different questions regarding this.

  1. If I join school and activate my sevis with new I-20, If in any case my h1-b gets denied, will I have that sevis remain and my status converts to F-1 ?

  2. If my H-1B gets denied and as I am enrolled in a university, Do I need to go out of country to get an F-1 visa?

  3. How does this h-1b to f-1 transfer actually happen ?

  4. I think there is a way of converting from H-1B to F-1, If in any case my h-1b is pending and h-1b to f-1b is pending and both h-1b and h-1b to f1 are approved, which status will I be on ?

Thanks in advance.

See my responses to your other post on this.

SAndstorm44:

I am currently with same scenario. Could you please help me on this… what are the options i have in my hand.

I am in a similar situation. May I know the status of your h1?

I am too. How did you deal with it?