H1B Lottery, RFE and Denied with no silly reason

[Venkat.R]

Team, I have applied and picked in the lottery for H1B Visa for 2018 fiscal year then i got RFE on September but finally denied with below message.

On November 14, 2017, we denied your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXXXX. We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice. If you do not receive your denial notice by November 29, 2017, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address. 

My employer applied for MTR and employer said that the reason for denial is silly and we can get it argue to get it win easily and said that it will take minimum 60 days. 

I'm really worried  what would be the result of MTR and how long it would take. is there anyone went thru similar situation. please respond

[JoeF]

Without knowing the reason for the denial it is impossible to say if an MTR would have success. In almost all cases, an MTR is a waste of time and money.

Ask the employer for the reason for the denial.

 

[sdpard]

12 hours ago, Venkat.R said:

Team, I have applied and picked in the lottery for H1B Visa for 2018 fiscal year then i got RFE on September but finally denied with below message.

On November 14, 2017, we denied your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXXXX. We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice. If you do not receive your denial notice by November 29, 2017, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address. 

My employer applied for MTR and employer said that the reason for denial is silly and we can get it argue to get it win easily and said that it will take minimum 60 days. 

I'm really worried  what would be the result of MTR and how long it would take. is there anyone went thru similar situation. please respond

You should understand from your employer about the exact reason. I am in a similar situation and have appealed and after more than 6 months, I still do not have an answer from USCIS. Some say, it will take any where from 6 months and in many cases even a year or more these days!

Although our very knowledgeable friend is suggesting that there is no use in filing an appeal, from what I hear (and with all due respect to the friend), many have succeeded.

[Venkat.R]

13 hours ago, sdpard said:

You should understand from your employer about the exact reason. I am in a similar situation and have appealed and after more than 6 months, I still do not have an answer from USCIS. Some say, it will take any where from 6 months and in many cases even a year or more these days!

Although our very knowledgeable friend is suggesting that there is no use in filing an appeal, from what I hear (and with all due respect to the friend), many have succeeded.

They say that reason is very silly and this is my 3rd attempt from India for fresh h1b. very frustrated and lost hope after you say its no use :(

[JoeF]

9 hours ago, Venkat.R said:

They say that reason is very silly and this is my 3rd attempt from India for fresh h1b. very frustrated and lost hope after you say its no use :(

Ask for the reason. "Very silly" is not a reason, it is their (probably flawed) interpretation. The reason as written on the denial notice is what matters.

If they don't want to give you the reason, it would be obvious that it isn't "very silly", but rather very serious.

[JoeF]

23 hours ago, sdpard said:

You should understand from your employer about the exact reason. I am in a similar situation and have appealed and after more than 6 months, I still do not have an answer from USCIS. Some say, it will take any where from 6 months and in many cases even a year or more these days!

Although our very knowledgeable friend is suggesting that there is no use in filing an appeal, from what I hear (and with all due respect to the friend), many have succeeded.

If they don't want to give the OP the actual reason, and use the cheap "very silly" excuse, then I am sure it is a serious issue and an MTR would be a waste of time (and the employer's money.)

If the denial is "very silly", I am sure the employer can share the actual denial reason with the OP and explain why they think it is silly. Until then, with all due respect, I stand by my statements ;)

[Neda]

21 hours ago, Venkat.R said:

They say that reason is very silly and this is my 3rd attempt from India for fresh h1b. very frustrated and lost hope after you say its no use :(

USCIS will not reject the petition for 'silly reasons'. I am sure your employer is hiding some valuable information, better start looking for new employer and make sure you won't pay for your H1. If you pay H1 fee or any kind of money deposit then you're in trouble.

[Venkat.R]

On 11/28/2017 at 9:13 AM, Neda said:

USCIS will not reject the petition for 'silly reasons'. I am sure your employer is hiding some valuable information, better start looking for new employer and make sure you won't pay for your H1. If you pay H1 fee or any kind of money deposit then you're in trouble.

They said something about client letter but we already attached from the particular client :( BTW, I'm a Fresh h1b applicant from India and have only the Receipt number with me

[JoeF]

Did the client change between the filing of the petition and the RFE?

The client has to be the same all through the application.

[Venkat.R]

23 hours ago, JoeF said:

Did the client change between the filing of the petition and the RFE?

The client has to be the same all through the application.

client is same from the begining

[JoeF]

7 hours ago, Venkat.R said:

client is same from the begining

How do you know, since you are obviously not working for the client, not being in the US?

Quite frankly, you are still not forthcoming with things. They didn't "say something about client letter". What exactly did they say? From the denial letter, not from some wishy washy that the employer told you. That "something about client letter" is about as bad as "silly reason." Facts are what matters, the actual statement on the letter.

I suspect that the client letter was either non-existent or faked. USCIS nowadays tends to verify these things.

Find a better employer for next year's quota.

[Venkat.R]

12 hours ago, JoeF said:

How do you know, since you are obviously not working for the client, not being in the US?

Quite frankly, you are still not forthcoming with things. They didn't "say something about client letter". What exactly did they say? From the denial letter, not from some wishy washy that the employer told you. That "something about client letter" is about as bad as "silly reason." Facts are what matters, the actual statement on the letter.

I suspect that the client letter was either non-existent or faked. USCIS nowadays tends to verify these things.

Find a better employer for next year's quota.

So you mean to say, due to employer mistake, I missed my h1b this year, so i have to try next year right ?

So, my next question, USCIS will not give next chance to give the client letter if they faked or did some mistake after RFE.

[JoeF]

12 hours ago, Venkat.R said:

So you mean to say, due to employer mistake, I missed my h1b this year, so i have to try next year right ?

So, my next question, USCIS will not give next chance to give the client letter if they faked or did some mistake after RFE.

We don't know what the employer did or did not do. We only know that "silly mistake" or "something about client letter" are not helpful at all. On the contrary, they are a sign that something is fishy.

A decent employer would inform you, not give you "silly mistake" or "something about client letter" answers.

The H1 is the employer's petition. USCIS will not tell you anything about it. Only the employer can give you copies of what they filed with USCIS and the USCIS response letter. If they don't do that, and instead just give you answers like "silly mistake", the only logical conclusion is that they have something to hide.

And if the answer to an RFE is not satisfactory to the USCIS examiner, they can of course deny the application. It is the petitioner's (the employer) task to provide satisfactory answers to an RFE.

Your best way forward is to find a better employer for next year's quota.

[Neda]

Dude, just find a full time job, not a fraud consulting firm. END OF THE STORY.

[Venkat.R]

On 12/4/2017 at 9:08 AM, Neda said:

Dude, just find a full time job, not a fraud consulting firm. END OF THE STORY.

Yes i found one. don't have time to play around with consulting firm :)

[Venkat.R]

On 12/1/2017 at 11:02 PM, JoeF said:

We don't know what the employer did or did not do. We only know that "silly mistake" or "something about client letter" are not helpful at all. On the contrary, they are a sign that something is fishy.

A decent employer would inform you, not give you "silly mistake" or "something about client letter" answers.

The H1 is the employer's petition. USCIS will not tell you anything about it. Only the employer can give you copies of what they filed with USCIS and the USCIS response letter. If they don't do that, and instead just give you answers like "silly mistake", the only logical conclusion is that they have something to hide.

And if the answer to an RFE is not satisfactory to the USCIS examiner, they can of course deny the application. It is the petitioner's (the employer) task to provide satisfactory answers to an RFE.

Your best way forward is to find a better employer for next year's quota.

Thanks for your reply. As per latest update from my Employer, they say that Employer mentioned Client is not responded on time to USCIS is the reason it seems and they applied for Law Suit. Is there any chance of approval. if so what are the flow happens ?

[JoeF]

9 hours ago, Venkat.R said:

Yes i found one. don't have time to play around with consulting firm :)

If the employer has clients, they *are* a consulting firm...

 

[Venkat.R]

On 12/5/2017 at 8:54 PM, JoeF said:

If the employer has clients, they *are* a consulting firm...

 

i mean to say its not a fraud consulting firm.

[Venkat.R]

Team,

My Employer said that he will get the approval before Feb 1st week. is that possible with current scenario to get the approval after it got denied ?

Venkat

[JoeF]

Nobody can predict the time to approval. An employer who gives you a timeframe is lying.

[Venkat.R]

@JoeF, Finally they revealed that they are not attached client letter because client was not ready to provide the letter. now they are appealing with client letter. I'm not talking about  approval duration but will i get approval.

or its good to start fresh application for Apr 2018?

[Venkat.R]

Team, I got the response like below yesterday. any clue on approval.

On February 27, 2018, we reopened your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number <Number>, and are reconsidering our earlier decision. We sent you a notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your notice by March 29, 2018, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

[JoeF]

What happened to the claim from your employer that they "will get the approval before Feb 1st week"? That clearly was BS, as I said it was.

Check what your employer sent as documents. The strength of the documents matters for approval chances. With all the shenanigans they did, with not providing a client letter, etc., don't get your hopes up.

[Venkat.R]

Thanks @JoeF You are right. i got the below Case Update.

Notice Explaining USCIS' Actions Was Mailed

On March 21, 2018, we began reviewing your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number XXXXXXXXX. We mailed you a notice informing you of the action we intend to take on your case. Please follow the instructions in the notice and submit any requested materials. If you do not receive your notice by April 4, 2018, please call the USCIS Contact Center at 1-800-375-5283. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

Quote

People are saying "This refers to Notice of Intent to Deny(NOID) but not a denial(a step before a deny). Its a kind of RFE and USCIS will request some additional documents. "

Any Idea ?

[nakoti]

Hi Venkat,  What happened on your case finally? Did you hear anything from USCIS?

Please share. Thanks