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Pret.bh
03-21-2014, 01:42 PM
Hi,
My husband completed his masters from Stratford University in 2008.He got his first H1B approved in 2011 in master Quota.Recently he got a fulltime opportunity and filed an H1B transfer to the new employer.
But,USCIS sent an NOIR stating that his first H1B was issued in an error as he was not eligible to apply H1B in master quota as Stratford University is a for-profit university and asked to answer it before June 2014.

What do we do now?

Can he file a new H1B this year?Is he allowed/eligible to do so?

Any help would greatly be appreciated.

Thanks in advance.

krishmunn
03-21-2014, 02:13 PM
You need an Attorney ASAP. It is very likely USCIS will consider you illegal from when they approved the first H1 (even though it was their mistake) . Talk to an attorney fast and do not leav the country before consulting attorney (you might be subject to a 3/10 year bar). From my personal experience, Rajeev Khanna is the best

Pret.bh
03-21-2014, 02:35 PM
Thanks for the reply Krishmunn... Can we go with another lawyer to solve the issue? is it allowed?

Thanks in advance

njboy
03-21-2014, 04:27 PM
it is the fault of the first attorney who filed under masters quota. It was his/her job to see if you are eligible to apply for masters quota from that university to begin with. See if that attorney is willing to reply to this NOIR without charging you because it was his fault.

krishmunn
03-21-2014, 11:13 PM
it is the fault of the first attorney who filed under masters quota. It was his/her job to see if you are eligible to apply for masters quota from that university to begin with. See if that attorney is willing to reply to this NOIR without charging you because it was his fault.

You are right it is the fault of the first attorney. But I strongly doubt that attorney cab do anything. If anything, he will screw up more.

OP, you can always consult another attorney on hourly consultation basis. Mr. Khanna was not my attorney (my attorney was provided by the employer) but I have found his advices from his community conference call invaluable .

In your case, I do not think an advice through a community (free) conference call or chat will help. Contact an attorney of your choice ASAP.

njboy
03-22-2014, 11:37 AM
very true, we are used to immigration attorneys talking down to us in a condescending manner. But we have to remember that these people are dependent on us for their livelihood. There is something called attorney malpractice and breach of fiduciary duty and breach of contract. If the person above threatens to go to the Attorney General or the state bar and complain about this, there will be a very perceptible change in the attitude of the said attorney. I first hired a so called "star" attorney who was responsible for the visas of players from National Hockey League. He messed up my case big time. When I mentioned "ineffective counsel" you should have seen him s*** bricks.