[Show all top banners]

kalidasbhaisaab
Replies to this thread:

More by kalidasbhaisaab
What people are reading
Subscribers
:: Subscribe
Back to: Immigration Refresh page to view new replies
 H1B Master's Cap (Advanced Degree Exemption)
[VIEWED 4760 TIMES]
SAVE! for ease of future access.
Posted on 02-17-15 9:18 PM     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Need help analyzing the H1B Advanced Degree exemption cap or the Master's cap. 

If one graduates from a 'Licensed, in-state, for-profit institution' with a Master's Degree, will that petitioner fall under H1B Master's Cap (Advanced Degree exemption - the 20,000) OR will that petition be denied as it is a Master's from a 'for-profit / non-public' institution? 

So basically the college is 'regionally accredited' but on the other hand it is licensed as a 'for-profit institution'. If I did my Master's Degree from that college, would I have hard time, say if there is an RFE asking me to prove whether I truly fulfill the prerequisite for the advanced degree exemption cap? 

This will help to decide if I should be filing under the regular statutory cap (65000) or the exemption cap (20000). As the petitions are aggressive and lottery chances are better on the exemption cap (they say). 


Reference: 
Murthy Law Firm (Link)
USCIS (Link)

 
Posted on 02-18-15 9:41 AM     [Snapshot: 142]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

As I know, your university must fall under Public or Non-profit Institution. Last year when i was filing for the master cap, i had same situation whether to file for masters Cap (Advanced Degree Exemption) or for the regular cap.


Institution Must be Public or Other Nonprofit Institution

Under the law, the beneficiary's U.S. degree must be issued by an institution of higher education that is "a public or other nonprofit institution." The institution must also be "accredited by a nationally recognized accrediting agency or association" or "granted a pre-accreditation status."

As such, problems arise when the institution issuing a beneficiary's advanced degree is a for-profit and/or an unaccredited school. Degrees from such institutions do not meet the master's cap statutory requirement and, therefore, cannot serve as a basis for an H1B petition requesting one of the 20,000 such exemptions from the regular H1B cap. Current USCIS practice for cases filed under the master's cap without a qualifying degree is to deny such cases, rather than consider them under the regular cap.

Reference : 

http://www.murthy.com/2012/11/19/requirements-for-u-s-masters-graduates-to-enjoy-benefit-of-h1b-masters-cap/

Last edited: 18-Feb-15 01:02 PM
Last edited: 18-Feb-15 01:04 PM

 
Posted on 02-18-15 11:05 AM     [Snapshot: 198]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Thanks. So what did you do, applied in the Master's quota? Or the general?
 
Posted on 02-18-15 1:04 PM     [Snapshot: 246]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

The university i went was Non-Profit and Private. So i did on the masters quota.



 


Please Log in! to be able to reply! If you don't have a login, please register here.

YOU CAN ALSO



IN ORDER TO POST!




Within last 365 days
Recommended Popular Threads Controvertial Threads
Lets play Antakshari...........
डीभी परेन भने खुसि हुनु होस् ! अमेरिकामाधेरै का श्रीमती अर्कैसँग पोइला गएका छन् !
शीर्षक जे पनि हुन सक्छ।
What are your first memories of when Nepal Television Began?
[New post] Why Would Krishna Have To Run From The Battlefield
Sajha Poll: नेपालका सबैभन्दा आकर्षक महिला को हुन्?
ChatSansar.com Naya Nepal Chat
is Rato Bangala school cheating?
Why always Miss Nepal winner is Newari??
NRN card pros and cons?
Basnet or Basnyat ??
पुलिसनी संग - आज शनिवार - अन्तिम भाग
निगुरो थाहा छ ??
Nas and The Bokas: Coming to a Night Club near you
श्राद्द
सेक्सी कविता - पार्ट २
TPS Re-registration
What Happened to Dual Citizenship Bill
पाप न साप घोप्टो पारि थाप !!
अमेरिकामा छोरा हराएको सूचना
Nas and The Bokas: Coming to a Night Club near you
राजदरबार हत्या काण्ड बारे....
Mr. Dipak Gyawali-ji Talk is Cheap. US sends $ 200 million to Nepal every year.
Harvard Nepali Students Association Blame Israel for hamas terrorist attacks
TPS Update : Jajarkot earthquake
is Rato Bangala school cheating?
NOTE: The opinions here represent the opinions of the individual posters, and not of Sajha.com. It is not possible for sajha.com to monitor all the postings, since sajha.com merely seeks to provide a cyber location for discussing ideas and concerns related to Nepal and the Nepalis. Please send an email to admin@sajha.com using a valid email address if you want any posting to be considered for deletion. Your request will be handled on a one to one basis. Sajha.com is a service please don't abuse it. - Thanks.

Sajha.com Privacy Policy

Like us in Facebook!

↑ Back to Top
free counters