H1B MTR and consequent new petition

[MS92]

Hi everyone,

 

My husbands H1B petition got denied[2nd attempt] in October citing specialty occupation reason.

He is an Electrical engineer and the company is planning to file MTR for it.

 

If his MTR is not processed before April 2018, can the same company file for new H1B petition in April?

Has anyone faced this situation before?

Any guidance would be helpful.

 

Thank you! 

[NotAnAttorney]

I his field of work the same as his field of education?

And are his job duties related to his education?

What exactly did they specify in the denial notice?

[kiran436]

Yes. Employer can file without waiting on MTR. Why did USCIS deny two times? Did his employer submit educational or Experience evaluation for speciality occupation query?

[MS92]

32 minutes ago, kiran436 said:

Yes. Employer can file without waiting on MTR. Why did USCIS deny two times? Did his employer submit educational or Experience evaluation for speciality occupation query?

   Thankyou for your reply.  USCIS didn't deny two times. It is his 2nd attempt in H1B.  In first attempt his H1B didn't  get through lottery. Employer has not showed us the submitted documents citing company policies. 

His work is very much related to his degree, but they have used the word programmer in his job title which is not entirely right.

What documents should be submitted to support the MTR?

[MS92]

3 hours ago, NotAnAttorney said:

I his field of work the same as his field of education?

And are his job duties related to his education?

What exactly did they specify in the denial notice?

Yes his work is very much related to his field of education. He works for a fortune 500 company. 

Employer have not showed us the denial notice but they told us that USCIS denied the petition stating his job doesn't qualify as a specialty occupation. He is a control systems engineer.