H1B Extension denied for Speciality occupation

[Jitendra Yadav]

Hi ,

I am on my H1b and I have almost 3 years left on my 1st H1b . I also have an approved I140 . I have 14 years of relevant IT experience . All my experience are on top MNC. I am working as an Architect. My H1b was initiated as architect and earlier extension was also filed as architect. However this time due to some standarization at company level the company filed my LCA as "IT project manager level 3" . The roles and  responsibilities mentioned were standard as IT project manager.I am working at client location and I have submitted org chart but since i am an architect i don't have a direct reportee under me at client side. I got an RFE and my attorney and legal team responded to it without asking anything from me as they mentioned that RFE was for speciality occupation and we have standard document and template to respond for such queries.I got a denial for extension. I have valid i94 for another 4 month

We are waiting for denial notice. The company is planing to refile the extension. kindly let me know what should i do next.

1. Can we refile new LCA as architect this time or we have to go with same role as IT project manager.

2. what all document should I be focusing on as i know that I got RFE for speciality occupation last time.

3. Can i change the role and responsibility as well as an architect . I have worked on niche skills and have experience letter from previous organization mentioning it.

4. What do we need to mention in response while refiling with respect to last denial if we have a rolechange in LCA and responbility as well.

5. I am also planning to add few reportee under me in org chart. will that help.

 

Please advice.

[JoeF]

Faking the org chart, faking anything is really bad. It will result in another denial. Stuff from previous clients or employer's doesn't matter.

Also, quite frankly, you need to get off your high horse. You work for a consulting company. That's not high level.