H1B picked up in Lottery but denied after RFE

[Adityad]

Hi All,

H1B was picked up in the lottery but was rejected after RFE.

Background:

1. Works Full time for a BIG Fortune 500 company
2. Masters (MIS) from a very reputed university (Top 5 for that course)

Sequence of events:

1. H1B picked up in the lottery (May 2018)
2. RFE received. RFE stated that the job was not a specialty occupation and did not need a Bachelors degree. 
3. Job title seems to be incorrect. He works as a data/programming analyst but job was not filled under that title
4. RFE response provided
5. H1B rejected
6. I-94 has already expired

Questions:

1. What are our options now?
2. File a motion to reconsider ? If the firm does not agree to file can we file using an outside attorney?
3. Can job title be changed while applying for motion to reconsider? 
4. I have heard that it might take 3 months for USCIS to respond is that correct ?
5. While we file for motion to reconsider is he out of status ? If so how soon should he leave the country?

 

 

 

 

[JoeF]

The H1 is the employer's petition. You can not get an outside lawyer.

An MTR doesn't give you any immigration rights. And an MTR doesn't allow changing things. ThE employer should have filed with the correct job title/soc code from the beginning.ave to stop working immediately and you have to leave the country.

[Adityad]

Thank you Joe. Appreciate your input.