What are the chances of it getting approved? If we file H1b again through ‘New Employer and for altogether new project’, Do we need visa denial copy ? Yes. Home » US Immigration - Visas » H1B Denial Letter(Real) by USCIS – Speciality Occupation, Employer Employee Relationship, In H1B Visa by KumarUpdated : May 25, 201960 Comments. January 16, 2020 13:55:34 CST Reply . Thanks, Well, this is a very tough situation. overall point is , If the reopen takes more time or our company reject to reopen, can i request to start a new application (after my first denial , by rectifying the last time mistakes) with same client and same role. Can you please suggest me what are my options now? Case Was Transferred And A New Office Has Jurisdiction On November 19, 2019, we transferred your Form I-129. Are there any limitations on the number of times petitions can be filed after denial? Employers in the IT consulting industry saw higher than average RFE and denial rates, consistent with increasingly stringent agency policies on the H-1B eligibility of certain technology occupations and on third-party placement of H-1B workers.. L-1 Service Center RFEs and outcomes. 2. yes, thats correct. Many of you may be curious to know, how that may look like and the wording that USCIS uses for the same. Could you please let me know what are my options now? But, there plans in regulatory agenda to change it, but as of now nothing has changed. Now my employer is planning to file my H1B extension under cap exempt with different position and roles and responsibilities to utilize my pending 4 years period of H1B for same client and employer. By chance if it gets denied , can we appeal for that ? Specialty Occupation RFEs: Tips and Strategies for Navigating This Complex Issue. My h1b extension got denied on April 16th saying the job doesn’t require bachelors degree in Computer Science. Maintain etiquette. I will receive the reason for the denial sometime next week. Thanks, Is there any rules change for H1B lottery from fy 2020, As of now, nothing has changed. One year back my 2nd H1B extension is denied due to lack of complex roles and responsibilities on Job Position. Two of the most common H1B denial reason is Employer Employee Relationship Clause and H1B Speciality Occupation Services. If the initial petition did not reflect the “highly skilled” H1-B beneficiary’s ability to perform the specialty occupation, he would be denied the visa. Many of these denials were related to lack of proof for specialty occupations. Immediately after replying for the above RFE, my Employer applied for a new I-129 for me for Client C, Location D, which got rejected after RFE this week. Do NOT post any phone numbers, email-ids. What are the options left for me? Is there any chance left now to take it forward. How can an employer apply for any type of H1 for me? Can my present employer can file H1B extension now with proper documentation by paying necessary fee?. 1. 2. It can take anywhere from few months to maybe year…this only depends on the case and your attorney’s confidence on the case…the odds of success are very low 3 to 15%. Thanks a lot to him for sharing his H1B denial letter.eval(ez_write_tag([[468,60],'redbus2us_com-medrectangle-3','ezslot_2',117,'0','0'])); H1B Visa Petition Denial Letter by USCIS – Employer Employee Relationship (Pages 1-3), H1B Visa Petition Denial Letter by USCIS – Services in a Speciality Occupation  (Pages 4-6), H1B Visa Petition Denial Letter by USCIS – Decision Conclusion  (Pages 7-8). You can. Is my best option to reconsider/ reopen the case? Discuss with your attorney as well and plan out everything. 2. If my LCA for location Y is still valid, do I now have the option to either go back in Location Y as well as Location X, or I can only work in Location X as per my most recent approved I-797? Comments are to drive conversation, add your thoughts, experiences, ask questions! 2. 3) what are my options now to get started with next steps instead of appeal ? January 6, 2020 20:02:49 CST Reply . Thank you for your time. 2. Talk to your attorney. At a glance In the first quarter of FY 2020, the rate of requests for evidence and petition denials remained high for H-1B petitions, though there was a modest improvement in H-1B approval and RFE rates in comparison to Q1 of FY 2019. That’s a real low rate of approval. Extension was filed on August 29, 2019 and got RFE on Feb 28, 2020 for Specialty Occupation and Availability of Work. Sam, We do not know the full details of the case, but it is very less cases they give 2nd RFE…As per the rules, it is up to the employer to ensure that these documents are submitted to ensure right of control, etc. Your attorney would be the best person to know this. Everything depends on the job role. My H1B got denied yesterday. 2. Is there any time restriction? Honda Accord, USCIS will not share that details with you. Save my name, email, and website in this browser for the next time I comment. Kumar. We get information of visa denial on 15th march and my husband left the office with in couple of hours(after doing all formalities). Hi Kumar, I had approved I-797 till end of July, 2021 (I-94 till 08-Aug-2021) for Client A, Location B. Our 10 days grace period starts from the day when we receive mail of denial papers or when they have denied the visa. 3. 2. Sam, Sorry to hear…MTR+ appeal is a very long and time consuming process and the odds of approvals are very low…hard to say the outcome. 2. But, if it is fresh application and never been to US, you may not be as you are not cap exempt. 2. I’m currently working as IT Data Analyst and Attorney is uncomfortable to use client letter mentioning my title as Data Analyst. Sid, You need to check with your attorney on this, if they can re-use the old LCA. The Trump administration is starting to make good on a campaign promise to reform the H-1B program. 1 Yes, they can. The cost varies by attorney…You may file appeal, but it takes forver and you do not get any status or grace period for the same….So, it is better to file transfer than appeal…if you have a choice…. You need to be in proper status, it is your employer’s burden to pay you, even if you are on bench…In any chase, discuss with attorney….it seems that amendment was denied, does not invalidate the previous approval, as long as you continue to maintain status and maintain the same.