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BlackPony

H1 denied post RFE on education eval

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Hello,
I have completed 6 years on H1B and have a recently approved i140 filed by consulting company A as future employee. Consulting company A subsequently filed for H1 transfer and extension with 60k salary and client details. The case was filed in premium and an RFE was issued on the education qualification for the job. Have a Masters in Business Management with specialization in IT and OT. And have over 10 yrs exp in IT supported by offer and resignation letters (standard with job designation from HR) and non-letterhead reference letters from managers (including earlier US job managers). H1 Case was denied stating lack of eligibility for speciality occupation - business administration degree not related to speciality occupation. And not enough evidence to support work experience included theoretical and practical knowledge of the speciality occupation.
Given this denial, can I file a fresh H1 with another company using approved i140? If company A decides to appeal the denial, what are the chances of approval given that the education remains the same and the reference letters will be without letterhead since most IT people change companies every few years. 
And most MNCs don't provide customized reference letters on company letterheads.
 
Please advise.
 

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60K with 10 years experience is rather low.

Find a real employer, not a shady consulting company.

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The company actually paid me more than 60k, with the correct salary showing on the paystubs too. I have no idea why they wanted to show 60k. I was told to keep the paperwork in order else it would get rejected due to mis-match.

Given this denial, can I file a fresh H1 with another company using approved i140? If company A decides to appeal the denial, what are the chances of approval given that the education remains the same and the reference letters will be without letterhead since most IT people change companies every few years. And most MNCs don't provide customized reference letters on company letterheads.

Regards.

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You will have to get the below:

a) Get your experience letters redone from your previous managers, and also get their company letterhead relieving letters to prove that they worked there.  USCIS does not accept any and all experience as qualifying. You will need to show what technologies you worked on, what qualifications your peers had i.e they should have had degrees in the specialty, and you will need to show how you applied the IT skills in your job with detailed experience letters.  Draft letters like these and get them notarized by your previous managers. They could also give it in their current company letter head. They definitely need to prove they worked in those previous companies. 

If your previous managers had 4 year degrees in IT etc. it will be a big plus in proving things. 

b) You will have to be promoted in all your jobs with increasing responsibility to show progressive experience. Show paystubs and promotion letters to document this. 

c) Based on the above experience letters get two Expert Opinion Letters giving you recognition of expertise in the specialty. 

Generally you will need to have 12 years of experience to qualify if your degree is not directly related to the specialty i.e IT.

Edited by immiadvocate
Typos

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6 hours ago, immiadvocate said:

You will have to get the below:

a) Get your experience letters redone from your previous managers, and also get their company letterhead relieving letters to prove that they worked there.  USCIS does not accept any and all experience as qualifying. You will need to show what technologies you worked on, what qualifications your peers had i.e they should have had degrees in the specialty, and you will need to show how you applied the IT skills in your job with detailed experience letters.  Draft letters like these and get them notarized by your previous managers. They could also give it in their current company letter head. They definitely need to prove they worked in those previous companies. 

If your previous managers had 4 year degrees in IT etc. it will be a big plus in proving things. 

b) You will have to be promoted in all your jobs with increasing responsibility to show progressive experience. Show paystubs and promotion letters to document this. 

c) Based on the above experience letters get two Expert Opinion Letters giving you recognition of expertise in the specialty. 

Generally you will need to have 12 years of experience to qualify if your degree is not directly related to the specialty i.e IT.

Redoing the experience letters won't help any. USCIS keeps everything in the file, so if the changed letters sat something different, the first question from the examiner would be: why? Either the old letters or the new ones would be considered as fraudulent.

For better or worse, once the first letters are submitted, the OP is stuck with them. If the original letters were fake, the only way out would be to file a completely new application from a real employer. And of course, that should only be done after consulting with a good immigration lawyer.

 

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