H1 Extension Denied because of my Educational Background

[nsiddana]

Hi All, 

I work for a multinational company with more that 1000+ people working in US for this client.

Recently i have applied for my 3rd H1 Extension and it got denied on July 14th 2017 because of educational background. 

Below is the Summary of my denial notice. 

Denial Summary: U.S. Citizenship & Immigration Services (CIS) denied the Company’s H-1B Petition since the adjudicator is not convinced with the two credentials evaluations provided confirming that Candidate possesses an equivalent of U.S. Bachelor’s Degree in the field related to the occupation. Candidate possesses a 3-year Bachelor’s Degree with specialization in Mathematics, Chemistry, and Physics. The two evaluations submitted to CIS used the combination of his education and six years of work experience confirming that he possesses an equivalent of a U.S. Bachelor’s Degree in Information Systems. However, the adjudicator was not convinced with the fact that his subjects Mathematics, Chemistry, and Physics are related to the occupation (information systems or computer science). Therefore, the Petition was denied. 

Note: I have completed 10 years in IT industry by last month.

I traveled back to India when i heard my denial notice to avoid future complications. Because my I-94 expired on June 28th. 

I have completed 4 years in US and my previous 2 extensions were approved without any issues. This is my 3rd extension and i have 2 years left in my 6 years cap. My I-140 also approved in Feb 2017. 

Now i need expert advice on how to overcome this issue and go back to US again. 

Are my doors closed ?? Can i file a new application for the same position with new evaluation reports?? Do i need to change my attorney?? 

So many questions.... can some one please advise me on this.

[Neda]

Honestly speaking your degree is no way related to your job. I am surprised how USCIS approved your earlier petitions. Obviously your employer and attorney wanted to make money out of you so they filed your H1.

It looks like the current admin is not much friendly as it was under previous administration. I am not trying to disappoint you, but I was sure that this will happen in future and it happened.

For H1 you need to have atleast 4 yrs of Bachelor's degree from the field related to your job.

[nsiddana]

Hi Neda,

Thanks for the update. 

Yes i agree that my degree is not related to my Job... but if that is the case most of the H1 holders should return to their home countries because most of them are not working on their field of expertise. I am talking about IT industry. I am not sure ho many IT job holders done their  Degrees in Information Technology. 

IT industry require people to do the job and we do not have that many people who done their Degrees with IT specialization. That is why IT industry and USCIS started accepting people from other specializations who done their certifications in programming and other stuff.

I have seen my colleagues with Biology back ground and they got their Extension Approvals in last few months. USCIS is not issuing Denials for everyone. Some people are lucky and few are suffering like me. 

Anyway that is not the topic... i am just curious and want to know weather i can file a new application or not. If yes what extra documents i can provide to USCIS support my case. Or is it a complete NO for the candidates like me? 

 

51 minutes ago, Neda said:

Honestly speaking your degree is no way related to your job. I am surprised how USCIS approved your earlier petitions. Obviously your employer and attorney wanted to make money out of you so they filed your H1.

It looks like the current admin is not much friendly as it was under previous administration. I am not trying to disappoint you, but I was sure that this will happen in future and it happened.

For H1 you need to have atleast 4 yrs of Bachelor's degree from the field related to your job.

 

[Neda]

Just keep it simple. If you want to get your H1 approved then you should have a degree in that field related to your H1 job. That's the basic requirement. Now, do not ask me why USCIS approved your earlier petitions, ask either your attorney or the USCIS.

What you have said is 100% sure. Maybe USCIS was running out of money so they have approved your petition earlier. I believe you're aware that USCIS completely runs on the application fees. You might get your H1 in future, but still you have the risk of getting rejected bcos of the degree.

[Neda]

Moreover you have your PD of 2017. I don't think you will ever get your GC as per current rules, your wait time is more than 70 yrs to get your GC.

If you don't have US born kids, I suggest you to stay away from US until the current immigration laws are reformed.

[JoeF]

14 minutes ago, Neda said:

Moreover you have your PD of 2017. I don't think you will ever get your GC as per current rules, your wait time is more than 70 yrs to get your GC.

If you don't have US born kids, I suggest you to stay away from US until the current immigration laws are reformed.

That 70-year stuff is just irresponsible fear mongering. It is fake news.

[nsiddana]

1 hour ago, Neda said:

Just keep it simple. If you want to get your H1 approved then you should have a degree in that field related to your H1 job. That's the basic requirement. Now, do not ask me why USCIS approved your earlier petitions, ask either your attorney or the USCIS.

What you have said is 100% sure. Maybe USCIS was running out of money so they have approved your petition earlier. I believe you're aware that USCIS completely runs on the application fees. You might get your H1 in future, but still you have the risk of getting rejected bcos of the degree.

I agree.. but still not sure what is required to get my petition approved. 3 year degree with 10 years of IT experience is not sufficient to continue my current job in US?? Any idea on the new rules ?? I cannot go to college again to prove that i can do IT job (If they consider only IT graduates for IT jobs) ??? 

[nsiddana]

1 hour ago, Neda said:

Moreover you have your PD of 2017. I don't think you will ever get your GC as per current rules, your wait time is more than 70 yrs to get your GC.

If you don't have US born kids, I suggest you to stay away from US until the current immigration laws are reformed.

Who know what will happen tomorrow. Rules are there to be modified. Maybe after 4 years :) who knows... like the way the rules changing now... 

[Neda]

3 hours ago, JoeF said:

That 70-year stuff is just irresponsible fear mongering. It is fake news.

OMG, you're such an ignorant. There is enough evidence to prove it. Even you're beloved attorneys say the same. And now don't drag this with your jibber jabber

[Neda]

2 hours ago, nsiddana said:

I agree.. but still not sure what is required to get my petition approved. 3 year degree with 10 years of IT experience is not sufficient to continue my current job in US?? Any idea on the new rules ?? I cannot go to college again to prove that i can do IT job (If they consider only IT graduates for IT jobs) ??? 

As per the rules you're not eligible for H1. You need either 4 yrs of Bachelor's degree of 16yrs(I am not sure) of work exp in the field related to your H1 job,

[Neda]

2 hours ago, nsiddana said:

Who know what will happen tomorrow. Rules are there to be modified. Maybe after 4 years :) who knows... like the way the rules changing now... 

Alright, keep dreaming. 

[nsiddana]

15 hours ago, Neda said:

As per the rules you're not eligible for H1. You need either 4 yrs of Bachelor's degree of 16yrs(I am not sure) of work exp in the field related to your H1 job,

I am not sure how you are saying that i am not eligible for H1... I may not be eligible for the job i am doing (Based on my expertise in graduation) but i should be eligible for H1 with 15 years of education and 10 years of experience... This is what i heard from multiple attorneys ...  

[nsiddana]

15 hours ago, Neda said:

Alright, keep dreaming. 

America is for dreamers... there is no problem in dreaming about our own future... I hope and i believe america wont disappoint me 

[JoeF]

15 hours ago, Neda said:

As per the rules you're not eligible for H1. You need either 4 yrs of Bachelor's degree of 16yrs(I am not sure) of work exp in the field related to your H1 job,

You know as little about this as you know about GC times... In other words, you are wrong, about this, and about GC times. You should stop spreading fake news.

The rule is that the person needs to have the equivalent of a US 4-year bachelor degree. Each year missing towards the degree can be replaced with 3 years of relevant experience in the field. So, if a person doesn't have a degree in the specialty at all, the person needs 12 years of experience.

[Neda]

57 minutes ago, nsiddana said:

I am not sure how you are saying that i am not eligible for H1... I may not be eligible for the job i am doing (Based on my expertise in graduation) but i should be eligible for H1 with 15 years of education and 10 years of experience... This is what i heard from multiple attorneys ...  

That's correct, you're eligible for H1 but not for IT job unless you have 4yrs degree or its equivalent work exp.

[Neda]

44 minutes ago, JoeF said:

The rule is that the person needs to have the equivalent of a US 4-year bachelor degree. Each year missing towards the degree can be replaced with 3 years of relevant experience in the field. So, if a person doesn't have a degree in the specialty at all, the person needs 12 years of experience.

That was a typo error. 4yrs or(not of). And I also said I am not sure about the yrs of exp for missing degree.

[JoeF]

5 minutes ago, Neda said:

That was a typo error. 4yrs or(not of). And I also said I am not sure about the yrs of exp for missing degree.

And you also don't know things about GC timeframes. You really need to stop posting fake news.

[Neda]

47 minutes ago, JoeF said:

You know as little about this as you know about GC times... In other words, you are wrong, about this, and about GC times. You should stop spreading fake news.

I am not sure whether you know how to count the numbers or not. But considering the USCIS inventory, current PD and number of GC's per year, you end up at more than 70 yrs of wait time. Even the journalists say the same. And please use google to find out the GC wait time, there are 100's of articles.

My only advice. Don't live in your dreamland, world has changed a lot but the US immigration system haven't changed.

[JoeF]

3 hours ago, Neda said:

I am not sure whether you know how to count the numbers or not. But considering the USCIS inventory, current PD and number of GC's per year, you end up at more than 70 yrs of wait time. Even the journalists say the same. And please use google to find out the GC wait time, there are 100's of articles.

My only advice. Don't live in your dreamland, world has changed a lot but the US immigration system haven't changed.

There is a lot more to the calculations, e.g., changing PD categories, and lots of other variables. The 70-year stuff is how kids calculate. It is false, fake.