Consular processing H1b rfe deniel, Please suggest possible options

[chand.java]

I have consular processing H1B up to Oct 2020. I am working in EVC model. My employer recently filed H1B amendment, got RFE and denied. I didn’t know the RFE denial reason yet. I have my STEM OPT upto Jan 2019. Please suggest me the possible options remained for me.

[JoeF]

That H1 is likely gone.

[gouthamsworld]

When does your I94 expire ? Can you go back to your previous client where you were working before amendment ?

[chand.java]

11 hours ago, JoeF said:

That H1 is likely gone.

Thank you Joef. Can you please suggest me the possible options remained for me.

[JoeF]

2 hours ago, chand.java said:

Thank you Joef. Can you please suggest me the possible options remained for me.

Well, once your OPT expires you have a 60 day grace period to leave the country.

A new H1 can be filed by an employer in April 2019, for a start date of Oct. 2019.

That's pretty much it.

Oh, and the H1 is gone because the client position it was filed for has to exist all the way until you start working on the H1. If the client changes before the H1 starts the basis for the H1 is gone.

[chand.java]

4 hours ago, gouthamsworld said:

When does your I94 expire ? Can you go back to your previous client where you were working before amendment ?

I dont have an issue with I94 because I am still in OPT. 

Can you go back to your previous client where you were working before amendment ? - sorry, I am not sure

Can you please suggest me the possible options remained for me.

 

[chand.java]

1 hour ago, JoeF said:

Well, once your OPT expires you have a 60 day grace period to leave the country.

A new H1 can be filed by an employer in April 2019, for a start date of Oct. 2019.

That's pretty much it.

Oh, and the H1 is gone because the client position it was filed for has to exist all the way until you start working on the H1. If the client changes before the H1 starts the basis for the H1 is gone.

Thanks  you very much for your response Joef.

 please provide your thoughts on below scenarios

1. re open the case

2. file re petition with same employer and same client

3. file re petition by changing employer 

I am not sure whether I am eligible or not for above scenarios. Please provide your opinion.

[JoeF]

7 hours ago, chand.java said:

Thanks  you very much for your response Joef.

 please provide your thoughts on below scenarios

1. re open the case

2. file re petition with same employer and same client

3. file re petition by changing employer 

I am not sure whether I am eligible or not for above scenarios. Please provide your opinion.

Reopen would only help if there is new information that wasn't known before.

As for the other questions, it seems you haven't fully understood what I said. You aren't considered counted in the quota, and because of that a new petition with this or another employer would only be possible on April 1, 2019, for a start date of Oct. 1, 2019.

As an aside, I really don't understand why people who graduated from a US university go with shady consulting companies (EVC is a recipe for denials). US universities regularly have job fairs where real companies look for new employees (my employer had a booth just last week at a job fair at the local public university, and I've been told there was a line of people being interested in a job.) Assuming of course that you went to a real university and not to one of those shady 4-th tier institutions that are more accurately described as diploma mills.

[xTDx]

7 hours ago, chand.java said:

Thanks  you very much for your response Joef.

 please provide your thoughts on below scenarios

1. re open the case

2. file re petition with same employer and same client

3. file re petition by changing employer 

I am not sure whether I am eligible or not for above scenarios. Please provide your opinion.

There are a lot of moving parts here. For example 2 and 3 will depend upon what was the RFE based on leading to the denial. 1 is always an option but is a very long shot. Why not discuss this with your employers attorneys ? They are paid for exactly this. 

[satya2k1]

1 hour ago, JoeF said:

Reopen would only help if there is new information that wasn't known before.

As for the other questions, it seems you haven't fully understood what I said. You aren't considered counted in the quota, and because of that a new petition with this or another employer would only be possible on April 1, 2019, for a start date of Oct. 1, 2019.

As an aside, I really don't understand why people who graduated from a US university go with shady consulting companies (EVC is a recipe for denials). US universities regularly have job fairs where real companies look for new employees (my employer had a booth just last week at a job fair at the local public university, and I've been told there was a line of people being interested in a job.) Assuming of course that you went to a real university and not to one of those shady 4-th tier institutions that are more accurately described as diploma mills.

Hey Joe,

I know what you are saying.. i have been through those interviews at University job fairs 3 times, and no company offered a position.. but they offered position to some US citizen student who has less GPA than me.. because I am an international student. And more over employers do not have to go through the hazzle of H1B petition filing etc., if they hire US citizen.  That's why many students go with EVC model employment..

[Provence]

Well, US jobs are first and foremost for US citizens. If those positions cannot be filled by USCs (or LPRs), then and only then are US employers authorized to seek and employ foreign workers. Hence the hassle of going the H1 processing hoops. The current issues with H1Bs are a buildup in recent years of fraud and shady practices.. many by desi consultancies, and a desire by foreign nationals to remain in the US by any means necessary. 

Btw, it's not just a US thing. All countries, including India, have restrictions for foreign workers. Jobs must first be filled by local citizens. 

[satya2k1]

the same policy should also apply for staffing and consulting companies to recruit USC and LPRs first.. otherwise, it does not make any sense.. and also F1 rules should be changed.   It used to be 1 yr of OPT after the college, but now 3 years of OPT after college and this is the main reason for all these troubles.  Some shady consultancies are taking advantage of students and working through these loopholes.

Another issue is consulting companies exploiting students.. so only Employers with real work onsite work should be eligible for petitioning H1 for employees, not placement companies and staffing companies.   They can find USCs and LPRs and they are not eligible to file H1 petitions.

[JoeF]

6 hours ago, satya2k1 said:

the same policy should also apply for staffing and consulting companies to recruit USC and LPRs first.. otherwise, it does not make any sense.. and also F1 rules should be changed.   It used to be 1 yr of OPT after the college, but now 3 years of OPT after college and this is the main reason for all these troubles.  Some shady consultancies are taking advantage of students and working through these loopholes.

Another issue is consulting companies exploiting students.. so only Employers with real work onsite work should be eligible for petitioning H1 for employees, not placement companies and staffing companies.   They can find USCs and LPRs and they are not eligible to file H1 petitions.

Shady consulting companies AND the people who sign up with them (it takes 2 to Tango) are the reason why it gets harder and harder to get an H1. There is a crackdown on anything with middle vendors, which doesn't make economic sense to begin with. Also, people on OPT can not work on client sites anymore, also a rule resulting from abuse.

[JoeF]

On 9/23/2018 at 8:59 PM, satya2k1 said:

Hey Joe,

I know what you are saying.. i have been through those interviews at University job fairs 3 times, and no company offered a position.. but they offered position to some US citizen student who has less GPA than me.. because I am an international student. And more over employers do not have to go through the hazzle of H1B petition filing etc., if they hire US citizen.  That's why many students go with EVC model employment..

No need for an H1 filing for a few years when you are on OPT and STEM OPT. So, the hassle of an H1 didn't even come into play for you right out of college. And GPA is just one consideration among many when hiring decisions are made.

 

[satya2k1]

Yes, H1 does come into picture right away.. but after 2 years it definitely.. .and I know you would say that if candidate is worthy enough then employer will sponsor H1B even though they have to go through the H1 hassle. 

I agree, GPA is one of many factors...and being international student is a big negative factor... I have even noticed some interviews face expressions and how they ask questions with international students vs. local USCs. I am not saying everyone..but many.

[giri26]

14 hours ago, satya2k1 said:

Yes, H1 does come into picture right away.. but after 2 years it definitely.. .and I know you would say that if candidate is worthy enough then employer will sponsor H1B even though they have to go through the H1 hassle. 

I agree, GPA is one of many factors...and being international student is a big negative factor... I have even noticed some interviews face expressions and how they ask questions with international students vs. local USCs. I am not saying everyone..but many.

Your argument is baseless. You are in USA and people born there should get the first preference and rightfully so. Regarding the consulting companies, they are scrutinised a lot because they do not follow any rules. As an F1 student we come there to study with a hope of securing a job but there is no guarantee that everyone will land a job. All of us faced the same problem but genuine job still exist. I worked in the US was 12 years in a proper company before quitting and leaving last year. I came as a student as well. USC's and LPR's will always get the preference and they should get the preference, we being international students should not complain. We need to make sure we make genuine attempts to get a job with good employers and try to do everything legal, as long as we stay in that country. Shortcuts don't work, it used to but not anymore.

[Provence]

On 9/25/2018 at 8:55 AM, satya2k1 said:

Yes, H1 does come into picture right away.. but after 2 years it definitely.. .and I know you would say that if candidate is worthy enough then employer will sponsor H1B even though they have to go through the H1 hassle. 

I agree, GPA is one of many factors...and being international student is a big negative factor... I have even noticed some interviews face expressions and how they ask questions with international students vs. local USCs. I am not saying everyone..but many.

Last I checked, international students are required to maintain an intent to return as a condition of their visa/status, and expected to leave to their home country once studies conclude. A US employer may seek to employ an international student if a H1b job exists, and while those qualified are privileged to do so, the remaining ones with a desire to stay in the US end up being scooped/exploited by shady consultancies or seek "another Masters, or change to b1/b2" rather than returning home.

A majority try everything not to return home. The practices they employ usually end up with RFEs, etc. 

[satya2k1]

10 hours ago, giri26 said:

Your argument is baseless. You are in USA and people born there should get the first preference and rightfully so. Regarding the consulting companies, they are scrutinised a lot because they do not follow any rules. As an F1 student we come there to study with a hope of securing a job but there is no guarantee that everyone will land a job. All of us faced the same problem but genuine job still exist. I worked in the US was 12 years in a proper company before quitting and leaving last year. I came as a student as well. USC's and LPR's will always get the preference and they should get the preference, we being international students should not complain. We need to make sure we make genuine attempts to get a job with good employers and try to do everything legal, as long as we stay in that country. Shortcuts don't work, it used to but not anymore.

Giri... I do not disagree with you.. Yes, local USCs and LPRs should get preference and they should be hired before hiring international students.  Then why are so many international students working at client locations? Don't you think they can find locals for those jobs?  See what happened with employees at Disney and Edison. Government should scrutinize rules and remove 3 years of OPT.  F1 is for education... just like in UK ...get education and 1 year training and then find genuine job..otherwise look for other options.  This 3 years of OPT and first day CPT is giving false hopes to students in other countries.

[satya2k1]

On 9/24/2018 at 10:31 PM, JoeF said:

Shady consulting companies AND the people who sign up with them (it takes 2 to Tango) are the reason why it gets harder and harder to get an H1. There is a crackdown on anything with middle vendors, which doesn't make economic sense to begin with. Also, people on OPT can not work on client sites anymore, also a rule resulting from abuse.

I promote removing 3 years of OPT, and day one CPT.. That will make things little clearer, and provide correct path for students and also for shady consulting companies.