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what is the probability of USCIS re-affirming my case with this reason?

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I got the refusal letter from US consulate with the following reason:

beneficiary of the petition is not entitled for the accorded status , petition must be send to USCIS for reexamination.

what is the probability of USCIS re-affirming my case with this reason?

Guys pls help me ...

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Hi All,

I am also in the same boat and i got my re affirmation after one year, so it is better if you move on with another employer if you have the job....let me know if you have any questions...

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usually USCIS do not like to change their decision once approved unless they come across an absolute fraud from either an applicant or the employer. In your case the consulate officer found that your educational background does not match the eligibility criteria of an h1B petition ( on specialty occupation). But USCIS will review it again and make their decision. Chances of revocation by USCIS is less if you had submitted enough documents to prove your educational background or relevant experience in the field.

But the time frame after the petition sent back to USCIS is indefinite. Might take 1 year or forever. So the best idea is to apply for new h1B petition.

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Hi ,

rajthewizard, Can i have ur email address or mobile number so that v can chat


HI Vivek,

I am also in the same boat. I know people have suggested that re file or transfer or get a new H1B. But from what I have observed & been in touch with people since the last few months, even with a re -application with another employer, people have landed with a 221g. So maybe its better to wait, coz most of the employers ask you to withdraw the old case & then apply newly.

As against this, there have been cases, which got reaffirmed say within a range of 1 to 5 months, went for a re interview & again got stuck with 221g. This is from my experience & what I have seen with people whom I am in touch with.



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