Last week I posted a question about my H-1 B advance degree option case. My lawyer called me this afternoon and he mentioned that my case has been returned by USCIS and they mentioned specifically that I have no masters degree. My lawyer advising me to re-apply for H-1 B case. I am still confused dont know what to do. Any body can give me advise.

USCIS is not determining what your degree equivalent is, the Educational Credentials Evaluation Service in America does.

If your employer applied for a position requiring Masters degree and your Evaluation Report states that you hold Bachelor's then it is the fault of whoever filed the petition for you - consider your time wasted for no reason.

If you hold Bachelors Degree, obviosuly you won't be able to take advantage of H-1 filing for "Advanced Degree" holders, instead you will be subject to CAPs and regulations governing the cases of Bachelor's Degree holders.

Good Luck,

IE

thanks for your reply

I finished my masters from USA. When I applied my case my lawyer asked me to provide a copy of my masters diploma. While talking to him this afternoon, he was saying that USCIS has mentioned that if you find any error from our side you can resend the documents and he said it can happen because UCIS has too many problms in handling H-1 B cases. What you think?

I think your lawyer should know better what to do.

My take on it is that if you got "Intent To Deny" , then your lawyer should send the letter, clearly pointing out to error in decision making, along with attaching supporting evidence.

If your case has been "Denied" , then you have certain time frame to request administrative appeal, or else you can simply have your attorney file a new case and make sure that this time application is perfectly/accurately filed so it wouldn't be denied by mistake.

It is your attorney's responsibility to deal with errors, if he is the one handling your case.
If he didn't resubmit documentation to USCIS yet, I would look for a new attorney.