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H1B wrongly filed under Masters Cap

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  • H1B wrongly filed under Masters Cap

    Hello All,

    I got my H1B in March 2012 which was applied in Sep 2011 under Masters quota. The initial approval was for 3 years and in mean time I have successfully transferred my H1B to a different employer and recently I had to change my employer again this year. I have got a letter from USCIS stating that my initial H1B was wrongly applied in MS quota as my university is a for-profit and I wasn't qualified for H1B MS quota, and on that basis they are canceling my existing H1B and denying my extension too.

    I wasn't aware of all this until I got this letter. What are my options now. My new employer attorney is trying to find the solution for the initial employer's attorney's mistake. When my H1B was filed, the regular quota was still open and they should have filed it under regular.

    Did anyone encountered the similar case and what was the outcome.

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