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kiran436

H1B transfer denied due to having Electronics degree in Bachelor's

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Hi,

Recently my H1B transfer has been denied by USCIS stating that my Electronics degree in Bachelor's doesn't meet speciality occupation requirement. I have 8 years experience in IT and did all my jobs with same Electronics degree so far. It's very sad to have this reason to deny my petition.  Now, my I-94 also expired and suddenly Out of status. My employer is filling a new petition in premium processing by submitting strong evolutions for my experience and education. Did anyone see these kind of RFE or denials recently? What are the options in this case to get Status again?

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For an H1, you have to have the equivalent of a US 4-year bachelor degree in the specialty area.

If you don't have that, 3 years for every year missing towards the required degree can be used. That means you would need 12 years of experience in the CS area.

Now, in the past, USCIS examiners may have interpreted the rule loosely. But we are now in the era Trump, and they are now interpreting the rules much tighter. Sucks, but not much you can do about it, other than telling your US citizen friends/co-workers/neighbors to vote against Trump and his party.

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Hi Kiran,

 

My situation is pretty similar I did my bachelors and masters in finance but doing job in IT recently I got full time job applied for transfer in premium processing got receipt number waiting for decision. Does your transfer  is to consulting company  or full time ?. 

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1 hour ago, gouthamsworld said:

Ok. I saw from another thread that you did masters from stratford is that correct ?

if yes does that have anything to do with your first RFE ?

That's important information.

OP, was your original H1 filed in the Masters Quota? A degree from a for-profit institution like Stratford can not be used for the Masters Quota.

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Hi,

Our employer got education evolution from Stratford University for my experience and bachelor's degree in Electronics. I didn't attain Masters degree. What I thought is Stratford University is a private University which could not be approved by USCIS.

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On 11/7/2017 at 6:41 AM, kiran436 said:

Hi,

Our employer got education evolution from Stratford University for my experience and bachelor's degree in Electronics. I didn't attain Masters degree. What I thought is Stratford University is a private University which could not be approved by USCIS.

when you first applied your H1, did you apply thru regular quota or masters quota?

From the above post, it is not clear what you did. Why would you do an educational evaluation from Stratford if you didn't complete masters degree?

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Hello Kiran ,

Please Specify whether you did the Expert opinion evaluation for your degree and Experience ? 

Did you first got RFE n then after that denial or just direct denial ?



This is really sad and unfortunate to hear about it. im more worried since my degree is Electronics n i also got Specialty occupation
However one of my friend who had EntC did not face any issue n got through the visa approval.

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Hi Shir,

Initially I got RFE on the educational background later it got denied. Yes, I did the educational evaluation for my experience and education but USCIS couldn't satisfy with that. So after denial, my employer refiled a petition in premium processing with new educational evaluation, former employer experience letter and expert opinion letters. So, waiting for the decision. When did your friend applied H1B and got approved? I could see cases being scrutinized after OCT 23rd. 

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Murthy. I did bachelor's in electronics not in Masters. Educational evolution can be done from any of the US Universities to give their opinion or recommendation to USCIS on my skills, experience and education. It serves as an additional evidence to strengthen my H1B to get it approved. Hope you are clear now. 

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Kiran, Sorry to hear about your situation. I too have a Bachelors in ECE and Masters in EE. I have taken 4 math courses and 5 CS courses in undergrad and about 9 credits in Computer Engg in Masters. Unfortunately none of those degree certificates mention about the minor being in Computers. My  extension is not due for couple more months, but reading incidents like yours scares the sh*t out of me. what was the reason they gave you for the denial(even after you had submitted education evaluation).. Curious to know what measures you have taken this time around, a new credential evaluation firm?

 

Good luck with your new petition.

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Hi Murthy,

My earlier evolution couldn't describe the computer subjects that I studied. This time we have taken new educational evolution from new firm. They stated that Electronics degree also covers similar computer courses. Am waiting for decision on my new H1B which is filed in premium.

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Hello thanks for the update,

Can you please share what was missing in old degree evaluation and added in new degree evaluation ?

Also, its really helpful if you can share the reference from where you re-evaluate your BE degree.

thx

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Hi Kiran,

Glad to know that your petition got approved. I got my H1B extension denied with current employer on 25th October due to the below reason: The USCIS did not deem the position as a speciality occupation. My current employer did not share any more details around this. I have completed my B.Sc in Information Technology and I have 8 years of experience in IT. Another employer filed a new petition for change of employer through consular processing on 21st November in Premium processing. I still havent received any result yet. What are my chances of approval?

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i have ece degree as well. Did 2 transfer this month and they both got through just fine.

Edited by sand136
Grammar

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Hi Sand136, Kiran436,

On 11/24/2017 at 10:38 PM, kiran436 said:

Quick update... My Visa got approved in premium processing now. A great relief. Thanks for your guidance.

On 12/6/2017 at 4:38 AM, sand136 said:

i have ece degree as well. Did 2 transfer this month and they both got through just fine.

I am in same boat as the folks in this discussion thread. I am due for an extension in May, 2018.

I am concerned about RFE and rejections based on recent trend on "RFEs specialty occupation" . Looks like you were able to work your way around this mess. Would appreciate if you could help us if you followed any special procedure like Foreign Equivalency, any certification based on your work experience to tide over the lack of computer science degree etc..

Basic details : 

  • BE - Electronics and Communications 
  • MBA - From US University
  • Work Experience - Around 13 Years.
  • My Educational Evaluation document of BE degree puts me in US equivalent of Bachelor of Science in Electrical Engineering.
  • My Green Card is in Process, i have completed 6 years in H1, already got 1 extension.
  • Due for another extension in May 2018.

 

Thanks

Daya

 

 

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I believe this is different for each person. I have certification related to my job and 8 years of experience. No rfe was received nor did I do any educational eval. I also know a friend who does consulting and has mech engineering degree and he too had no issues. 

Good luck.

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On 11/24/2017 at 9:38 PM, kiran436 said:

Quick update... My Visa got approved in premium processing now. A great relief. Thanks for your guidance.

Hi Kiran, Please let me know how the filing and justification was done the second time. I just received RFE with same reason. Degree in Mechanical Engineering and its relevance to job as software engineer. I would definitely be helped if you could guide me on that aspect. Pls contact me on zample10 gmail.com. Thank you very much

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On 11/21/2017 at 5:31 PM, kiran436 said:

Hi Murthy,

My earlier evolution couldn't describe the computer subjects that I studied. This time we have taken new educational evolution from new firm. They stated that Electronics degree also covers similar computer courses. Am waiting for decision on my new H1B which is filed in premium.

Hi Kiran, could you please share details on which firm you did your education evaluation? I'm in the same boat.

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