Discuss akt6's H-1B USCIS Case

HI akt6, I am in the same situation like you . Received NOID for Stratford University. Can you please let me know how you approached your case ?

In which service center ? and in which year did you applied ?

Nebraska. Yet to receive the NOID but most likely it will be Stratford.

My Case Details -

2012 - Masters Quota got filled on June 7th and General Quota on June 11th.

My employer has sent the application to USCIS On June 11th. USCIS has approved it on June 19th.


Not sure whether it will be a plus point or not - Master's CAP got filled 5 days before my application was sent to USCIS. So Definitely my case got picked and approved under General Quota.

what is the best number to contact you ? I think its better to discuss in call.

For sure you are in a safe zone, I think wait for the NOID from USCIS. it might not be university issue.

Sure. What is your scenario and with which lawyer did you respond the NOID ?

Hello akt6,
Today I received the NOID and its related to university - For Profit.

is your I-94 expired give me your number i will contact you

hi akt6, I am in the same situation as you. Received NOID for Stratford University. Can you please let me know how you to contact you.
My contact # 304-374-9533

My I-94 Expires on Aug 30th, 2018

My Case Details -

2012 - Masters Quota got filled on June 7th and General Quota on June 11th.

My employer has sent the application to USCIS On Apr 30th, 2012. USCIS has approved it on July 30th, 2012.

akt6 could you please let me know ur email so that i can contact you. my email: [email protected]

I am trying to withdraw my extension petition instead of responding to NOID and apply for the extension to California Service Center. Could you please let me know what is the RFE you got.

Specialty occupation why degree is required :(

Hi akt6

What documents were prepared in your case. Do you know.

I am in same boat with SOC 15-1142, we know its not good time for H1b visa holders and future situation will be more difficult with new policy which going to apply from September 11.

akt6 ~ did you received 2nd RFE?

@a999 @rv2468, I received the NOID last week and its related to stratford university.. can you please update about your case ? what is the next step for this issue ?

@madhu418 - what is your email id ?

@rv2468 email id : [email protected]

Hello this had been an Issue from 2012 ....
The only solution for this is " see if your case was approved in any year when the quota is still open" .The case has to be approved not sent to USCIS.
This is the decision published by USCIS on May 23rd 2017 as "Policy Memorandum"

II. ALTERNATIVE BASIS OF ELIGIBILITY
“Petitions indicating that they are exempt from the numerical limitation but that are determined by USCIS after the final receipt date to be subject to the numerical limit will be denied . . . .” 8 C.F.R.
§ 214.2(h)(8)(ii)(B) (emphasis added). The “final receipt date” is when USCIS notifies the public that it has received sufficient numbers of petitions to reach the H-1B Cap. The date a beneficiary’s cap exemption is “determined” is the date on which USCIS articulates its adjudication in a decision.
Below is the Decision :
Here, the Director’s determination of cap exemption ineligibility was issued after the final receipt date, and so the petition was properly denied. On April 4, 2013, the Petitioner filed the H-1B
petition which indicated that the Beneficiary’s master’s degree from ITU qualified him for the Master’s Cap exemption.8 The next day (April 5th), USCIS issued a notice that, as of that date, it had received sufficient numbers of H-1B petitions to reach the H-1B Cap for FY14. Therefore,
April 5, 2013 is the FY14 “final receipt date,” for acceptance of cap subject H-1B petitions. Because the Director determined, after that final receipt date, that the Beneficiary was ineligible for a Master’s Cap exemption, the Director must and properly did deny the petition without considering eligibility under the general H-1B Cap.

Hope this helps to people

Hi All.. I am also on same boat. i got the NOID notice based on Stratford university. I got my first H1B approval in the year of 2013. recently i have applied the H1b extension to Nebraska Service center and got the NOID notice. I need to reply the NOID in 3 weeks. my current H1B expiring in FEB 2019. Could you please help me on this. i would really appreciated if anyone help me on this... Thanks a lot in advance.

Hi,

I got an RFE regarding the same yesterday and is expiring in Feb - 2019. Got my first H1B approved in the year 2010. Would you be able to help me on this.

@smanchikanti can you send a mail to [email protected]

Sent an email.

Smanchikanti : when is the exact date that your first H1B had been approved??

Reciept Date - May26, 2011

Approval Date - Dec 2, 2011

on the other hand, I was previously at a different state when applying for H1B Extension, and got it approved till Sep, 2020. In Feb 2018, I got a job in different state and I applied for Amendment petition which got approved till Feb 2019. Now I applied for amendment extension and got this NOID for Stratford university.

Not sure what my chances are...

So the reason that u have got NOID is , for FY 11 H1B quota cap had reached the limit on Nov 22nd, 2011.If you would have got your H1B approved on or before Nov 22nd the new rule would have got you through. But there is no reason to loose hope. If you are working for desi consulting company ask them to file for new H1B without masters and get good attorney.

I have one question, my OPT extension is valid till 4/24/2012. Does this mean that I had the following year application as well i got rejected in 2011?

I have one question, my OPT extension is valid till 4/24/2012. Does this mean that I had the following year application as well if I got rejected in 2011?

Can anyone comment on my OPT validity date till April 24th, 2012 which still would allow me to fight back incase i got rejected to apply for a H1B petition again in the year 2012 using my bachelor's degree as I can stay with my OPT card till April 2012. Does this all make sense. Please suggest...

@rv2468 have you got any update on your case. How come you got NOID about for profit as your application was filed after masters cap was reached. Please update your NOID status.

@ kchag999 Hi i am in the same about. I have received NOID on Stratford University on April 1st 2019 on H1B extension on approved i-140 and my i94 is still valid till July 29 2019.
I have filed my first H1B in 2013
Received date: April 15th 2013
Approved/Notice date: June 3 2013
What are chance of approval and what are options

@praveenba12 Hi Praveen you can contact me at 2512282010

@praveenba12 @smachikanti Please let me know how did you resolve this issue ? plz text me 316-250-0081

@praveenba12 @smachikanti Please let me know if you are able to resolve?
plz text me the contact

@praveenba12 ,@saleem0786 ,- I am in the same boat, would like to get in touch with you..please let me know.

Hello,

@paul7036,@praveenba12 ,@saleem0786 ,- I am in the same boat, would like to get in touch with you..please let me know...my email [email protected] and phone no is 5713375052

Hello everyone .. recently i have my filed my h1 b extension and i got NOID .. initially my h1 filed on 2013 .. can someone please guide me .. how to proceed next steps.. if would be great help..

My case went to nebraska and got NOID .. please anyone let me know .. how to contact about my case thanks in adavnce

Hi All, Even my case got NOID on Stratford (Nebraska Center). Can anyone kindly help me in bailing out of this situation. Any suggestions/guidance highly appreciated. Looking forward to hear from you very soon.

Is anyone here who got NOID for startford university though you initial H1 was filed in general quota?

I have my 2016 I-129 proof of filed in General quota, but I still got NOID on my extension saying my initial H1 got approved in Masters quota.

Just my thoughts and i am not a Attorney. Please do discuss with your own attorneys.

As per below Memo, USCIS should approve petition as long as there is a regular quota not filled at time of original petition approved.

E.g. If your H1b is approved on 2011 August and the regular quota is filled up on Nov 2011, then you should not have any problem.

For all other cases below memo says they can clearly deny.

Another Fact is that if USCIS is so sure to deny they can deny why giving NOID/RFE's.




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



Here, the Director

see below. Timing is important

final receipt date => Date when regular cap is depleted OR quota is full.

In particular, once again disagreeing with the Petitioner

Another USCIS decision supporting the memo


The Petitioner claimed an exemption based on the Beneficiary's degree from the
however, as noted by the Director, the
3
(b)(6)
Matter of!-, Inc.
is a private, for profit institution.2 On appeal, the Petitioner claims that if this petition is found
ineligible, it should be counted towards the regular cap and not the master's cap. However, this
petition was filed on April 16, 2012 requesting a U.S. master's degree or higher cap exemption. On
June 12, 2012, USCIS issued a notice that it had received sufficient numbers of H-1B petitions to
reach both the H-1B Cap and the U.S. Master's Degree or Higher Cap for fiscal year (FY) 2013 as of
that date. 3 Further, the regulations address this scenario and specifically state that petitions
indicating that they are exempt from the numerical limitation but are determined by users after the
final receipt date to be subject to the numerical limit will be denied. 8 C.F.R. 214.2(h)(8)(ii)(B).
The Petitioner suggests that the Director's revocation of the petition was unfair; however, the
approval was granted contrary to the requirements stated in the law, thus, the revocation was proper.
Moreover, within the H-1B petition and supporting documents, the Petitioner provided inaccurate
statements which the Director relied upon in adjudicating the H -1 B petition. An inaccurate
statement anywhere on the Form I-129 or in the evidence submitted in connection with the petition
mandates its denial. See 8 C.F.R.

Hello, I have received NOID for h1b transfer. The reason mentioned that my master's university is for profit and first h1b (applied in 2011) is not valid.

Infact when I applied my first h1b in jan 2011 I applied in regular quota as the master's quota got filled up.

I am not sure why they gave noid

@Vnew123, what is your phone number. Can I reach out to you

@holahi1234 can you give me ur email I'd please

rahulkthota at gmail dot com

@vnew123

Any update on your case? I

How are you guys responding after NOIDs ?

@rv2468 , is your approved after the response?

@vkan- can we connect ?

guys any one got approvals with a stratford NOID when case is filed in 2011 Jan ...i got NOID and masters quota is filled that year when applying on dec 22 2010...if so we can connect

i heard two people got approved from my batch

Mine is denied on Jan 28th but today the case status says on jan 30th we are reviewing your response.

Not sure what does this mean.

When is your h1 applied ??

Applied for h1 transfer in may 2019

Brothermay I know who is your attorney??

Did they give argument that quota was open???

Actually I asked them to withdraw petition. I am not sure if they have sent petition withdrawal at all.

Received NOIR for the same when filed for ammendment. They approved ammendment and immediately after issued NOIR on my original approved H1B. Would like to discuss if anyone got approved and how the response was filed. Can some one reach me at mighty.dhar@gmaildotcom.

Received NOIR for the same when filed for ammendment. They approved ammendment and immediately after issued NOIR on my original approved H1B. Would like to discuss if anyone got approved and how the response was filed. Can some one reach me at mighty.dhar@gmaildotcom.

Hello All,
How did you resolve the issue with NOID for Sratford University?
I got a NOID for 3rd H1B extension as stratford university is for-profit univerrsity.Asked my attorney to withdraw the petition and refile it in bachelor's, but he mentioned that as I entered the H1 Stream on Master's it is not an option.

Hello All,
How did you resolve the issue with NOID for Sratford University?
I got a NOID for 3rd H1B extension as stratford university is for-profit univerrsity.Asked my attorney to withdraw the petition and refile it in bachelor's, but he mentioned that as I entered the H1 Stream on Master's it is not an option.

Hello All,
How did you resolve the issue with NOID for Sratford University?
I got a NOID for 3rd H1B extension as stratford university is for-profit univerrsity.Asked my attorney to withdraw the petition and refile it in bachelor's, but he mentioned that as I entered the H1 Stream on Master's it is not an option.

share ur mail to mighty(dot)dhar@gm...

Share your email to [email protected]

What year you applied your first h1b..in that year if there is a general quota left you can fight ..
My case was withdrawn and h1 transfer was denied.
If you need more details you can email me

What year you applied your first h1b..in that year if there is a general quota left you can fight ..
My case was withdrawn and h1 transfer was denied.
If you need more details you can email me

@vnew123 I applied my first H1B in 2011 november with start date as feb1, 2012.Can you please provide your email Id , so that I can email you the details of my case for inputs.

Geeta12 you can fight your case ...have a valid point based on your date of filing it is filed in general as masters capnis over on 19 oct 2011...your petition will be considered and there is no question of any issue with your case...email me if you have any questions...

Geeta12 you can fight your case ...have a valid point based on your date of filing it is filed in general as masters capnis over on 19 oct 2011...your petition will be considered and there is no question of any issue with your case...email me if you have any questions...

@geet12 if there was general quota available you can definitely fight for it. But it really depends on lawyer.

My I'd is [email protected]