VSC Rejects H1B Petitions Erroneously for Master's Cases
Posted Jul 21, 2006
 ©MurthyDotCom
The USCIS indicated on July 17, 2006, that the Vermont Service Center (VSC) erroneously rejected some advanced degree cap H1B petitions. These rejections were accompanied by a letter stating that the cap has been reached. The cap was not reached at the time of the case rejections, however. The advanced degree cap still, as of this writing, has not been reached. The VSC will accept these petitions if they are resubmitted promptly, with a cover sheet that it is a resubmission due to the initial erroneous rejection by the VSC.
 ©MurthyDotCom
To have a case accepted as an advanced degree cap petition, the I-129 H Data Collection and Filing Fee Exemption Supplement form must indicate in Part A, Question 5, and in Part C, Question 7, that the beneficiary has a U.S. master's degree or higher. Otherwise, the case may be rejected. With limited numbers of advanced degree cap numbers left, it is uncertain, if not unlikely, that there would be time to make a new, proper filing. So moving quickly on such rejections is imperative in an attempt to obtain a receipt notice as a timely cap filing under the advanced degree quota.