H1 B - Extension Denial based on Education Qualifications

[AAW111982]

Hi All,

I applied for my H1 B Extension (post 6 years time frame) in Dec. 2017 under premium and got an RFE in Jan, 2018 stating questions on my Educational background.  My RFE response was submitted in March. 2018 and I have received a denial on the Extension.  Summary of my case:

I have a B.Tech Degree in Electronics and Telecommunication and an MBA in Finance from India. I am completing 11 years in IT - Banking and Financial Services in June 2018.   I work with India based Multi National Firm with established presence in US since last 17 years. I joined this company in 2016 and my H1 B was approved by USCIS. I got my stamping done during my India Travel in 2016 and Current I-94 Validity is till May 6, 2018. I also got an I-140 approval in Nov, 2017 towards GC process. I filed my H1 B extension in Dec 2017 and I got an RFE saying that why do you need a Bachelors Degree to perform the duties of Business System Analyst/ Project Manager for a Market Performance Analytics platform implementation . I submitted a detailed description of all my duties supplemented by the Project work I currently perform together with enough justification why B.Tech and MBA is required for this specialty job due to its criticality and uniqueness. An Expert Opinion Letter was also submitted with the RFE response. I got a Denial information over email, through my lawyers on April 2, 2018. The reasons stated --

1. USCIS asserted that the duties for the position of Business Analyst/Project Manager are comparable to that of Computer Systems Analyst.  USCIS then looked at the description of Computer Systems Analyst in the OOH, which states that employers sometimes hire Computer Systems Analysts with business or liberal arts degree.  USCIS therefore concluded that the position of Systems Analyst does not require a degree in a specific specialty. 
2. USCIS asserted that the duties of the position do not appear to be of such complexity, uniqueness, or specialization as to require the attainment of a bachelor’s degree in a specific field of study.  USCIS did not elaborate further on why it felt this way.
3. USCIS stated that the evidence was not sufficient to establish that  my company normally hires people with degrees for this role, such as job postings. 
4. USCIS indicated that the evidence does not verify that a degree requirement for this position is common in the industry.  Such evidence is usually rejected by USCIS even when submitted, as the agency find its unpersuasive. 
5. USCIS discounted the expert opinion letter, stating that the letter does not detail what makes the beneficiary’s duties so complex that it requires an individual with a bachelor’s degree or higher in specific specialty.  USCIS again did not elaborate on why it felt this way.

My lawyer firm mentioned that the USCIS reasoning is with much explanation and reason and that there is a chance for appealing against this decision.

I need some Expert opinion on what should be my next steps :

1) My I-94 is valid till May 6th, 2018. My company initially told me to pack up and plan for leaving US. When I mentioned about my I-94 validity , they mentioned I can stay back till this date.  Is this correct information or do I need to leave in next two weeks?

2) Should a re-appeal be done? How much time it takes to get the answer?

2) My company Lawyer firm mentions, I can re-file H1 B after a cool down period of 30 days. But since there is less than a month left on my I-94, it would happen after I leave for India.  I am very skeptical on this. What are my options? is Re-filing successful for a consultant job? OR should the filing be done for an internal company's SME profile? what are the chances for refilling to be successfully granted by USCIS? What considerations I need to take for defining Job duties if the re-filing is done?

3)  What other options can I go forward with meanwhile the H1 B Extension is refilled in future at all? My company has operations in Canada and Mexico also.

Request earliest expert advise on this.

[AAW111982]

Request some please guide on this asap. What should be my next steps?

[Yashh1b]

Hi,

I can speak only for speciality occupation. I am working as a Business System Analyst (very complex role) in Banking (IT) domain since 11 years with Bachelor of Commerce and MBA in Finance. My role requires expert level understanding of finance domain with moderate Tech Skills. I got RFE on almost for speciality occupation and responded with detail role and how it is related to my education. As MBA finance and B com are very much related for my role, I wrote a 5 pager detailed roles and responsibilities and mapped my subject to my role. I had multiple certifications to prove my IT skills and of course 11 years related experience. 

My RFE got approved in premium processing in April last week. I think the key is how your attorney response.

[Shri1304]

Congratulations Yashh1b. Ok am in similar boat with exact qualifications you mentioned. My H1b extension got denied. My attorney is re-applying again. Can you tell me what all did you mention in the detailed explanation of your degree and work relation. Reason am asking is most of the time USCIS doesn't seem to accept our justification that we would provide. 

Regards

[Hari0861]

On 5/26/2018 at 8:04 AM, Yashh1b said:

Hi,

I can speak only for speciality occupation. I am working as a Business System Analyst (very complex role) in Banking (IT) domain since 11 years with Bachelor of Commerce and MBA in Finance. My role requires expert level understanding of finance domain with moderate Tech Skills. I got RFE on almost for speciality occupation and responded with detail role and how it is related to my education. As MBA finance and B com are very much related for my role, I wrote a 5 pager detailed roles and responsibilities and mapped my subject to my role. I had multiple certifications to prove my IT skills and of course 11 years related experience. 

My RFE got approved in premium processing in April last week. I think the key is how your attorney response. 

Hi Yash,  I am Hari, My qualification is BCom and MBA Finance.  I am working in USA as Business Systems Analyst from past 4 years.  Now in my H1B extn i got RFE on Speciality Occupation.  My Job roles Oracle Apps Financials consultant and SOX IT Audit Speciality.  I want write my job roles and responsibilities and mapping.  Could you please share your job roles and responsiblities  Thanks in advance.  Hari

[hlobana]

Yash and Hari, 

I guess your RFE was approved. I have similar educational background and would like to know if you could share your responses to the RFE. I am hoping I will get some direction and refine the response I have drafted so far.

 

[kodali]

On ‎10‎/‎3‎/‎2018 at 8:08 PM, Hari0861 said:

Hi Yash,  I am Hari, My qualification is BCom and MBA Finance.  I am working in USA as Business Systems Analyst from past 4 years.  Now in my H1B extn i got RFE on Speciality Occupation.  My Job roles Oracle Apps Financials consultant and SOX IT Audit Speciality.  I want write my job roles and responsibilities and mapping.  Could you please share your job roles and responsiblities  Thanks in advance.  Hari

Hi Hari,

I have similar education background like you  and I got RFE. How can I reach out to you.