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Aparna88

H1b denail after RFE

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I am currently on OPT. I work through a contract house at a multinational automotive company. My contract house had applied for my H1b in April. My application was selected in the lottery but there was an RFE issued where USCIS asked for additional evidence of placement at the client site.  My contract house lawyers sent all the documents however now I checked the status and it says my application was denied.  I wanted to understand if there are any options for me to appeal and get my application approved. What is the process and what is the timing. Any help is much appreciated. Thanks,

 

 

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you need to work with your DSO to ensure you are maintaining valid F1 status. you can work till your f1-opt expires. 

As far as h1b petition, your options are 

* you can appeal the current decision. the approval is purely based on discretion of the USCIS officer. 

* you need to file a cap-subject petition in next years lottery. 

Edited by GCoder

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You cannot appeal for the rejection, your employer has to do it and there won't be definite timeline for the appeal, you may get the response with in a week or an year. Find a real employer with whom you can work directly as a FT employee.

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