H1B amendment denied, NOIR issued, petition then reopened

[PK88]

Hey guys, here is my timeline:

My H1B petition was approved on June 20th, 2012. I got hired as Market Research Analyst.
However I was not given Change of Status from F1 to H1B, even though that was requested during the application.

Therefore, attorney suggested to file an amended H1B petition to request the change of status and receive a new I-94.

Unfortunately, the amended petition was denied. USCIS sent RFE asking the attorney to provide proof that Market Research Analyst is a "specialty occupation". My attorney did not provide such proof but instead argued that RFE was sent erroneously. USCIS then denied the amended petition and also sent a Notice of Intent to Revoke of the original petition that was approved on June 20th, 2012.

 

After this happened, my employer decided to change Immigration Attorney. New attorney prepared a 250pages document with different types of proof about Market Research Analyst position being a "specialty occupation" and sent it to USCIS.

Attorney also filed for a form I-290B, Motion to Reopen the decision.
USCIS received both documents during first week of August 2013.

 

• On February 25th 2014, we received a first update about for the Amended Petition that was denied:

On February 25, 2014, we mailed you a notice informing you that your I129, PETITION FOR A NONIMMIGRANT WORKER, was reopened.

(POST DECISION ACTIVITY)

 

• However the status for I-290B, Motion to Reopen is still in INITIAL REVIEW and says:

On August 2, 2013, we received this I290B NOTICE OF APPEAL TO THE COMMISSIONER, and mailed you a notice describing how we will process your case.

 

• As for the original H1B petition, for which we sent a response to the Notice of Intent to Revoke, we saw the very first update last week. On USCIS case status it says:

On March 7, 2014, your Alien Registration Number was changed relating to your I129, PETITION FOR A NONIMMIGRANT WORKER.

 

 

I do not understand why the status for the amended petition says that it was re-opened, while the I-290B is still in initial review since over 6 months.
And as for the original H1B petition, I have no idea why it says that Alien Registration Number was changed. I never had such a number. Attorney said that it may just be a system error.

 

Can anybody please tell me what is going on?

Thank you!

[jairichi]

 

Hey guys, here is my timeline:

My H1B petition was approved on June 20th, 2012. I got hired as Market Research Analyst.

However I was not given Change of Status from F1 to H1B, even though that was requested during the application.

Therefore, attorney suggested to file an amended H1B petition to request the change of status and receive a new I-94.

Unfortunately, the amended petition was denied. USCIS sent RFE asking the attorney to provide proof that Market Research Analyst is a "specialty occupation". My attorney did not provide such proof but instead argued that RFE was sent erroneously. USCIS then denied the amended petition and also sent a Notice of Intent to Revoke of the original petition that was approved on June 20th, 2012.

 

After this happened, my employer decided to change Immigration Attorney. New attorney prepared a 250pages document with different types of proof about Market Research Analyst position being a "specialty occupation" and sent it to USCIS.

Attorney also filed for a form I-290B, Motion to Reopen the decision.

USCIS received both documents during first week of August 2013.

 

• On February 25th 2014, we received a first update about for the Amended Petition that was denied:

On February 25, 2014, we mailed you a notice informing you that your I129, PETITION FOR A NONIMMIGRANT WORKER, was reopened.

(POST DECISION ACTIVITY)

 

• However the status for I-290B, Motion to Reopen is still in INITIAL REVIEW and says:

On August 2, 2013, we received this I290B NOTICE OF APPEAL TO THE COMMISSIONER, and mailed you a notice describing how we will process your case.

 

• As for the original H1B petition, for which we sent a response to the Notice of Intent to Revoke, we saw the very first update last week. On USCIS case status it says:

On March 7, 2014, your Alien Registration Number was changed relating to your I129, PETITION FOR A NONIMMIGRANT WORKER.

 

 

I do not understand why the status for the amended petition says that it was re-opened, while the I-290B is still in initial review since over 6 months.

And as for the original H1B petition, I have no idea why it says that Alien Registration Number was changed. I never had such a number. Attorney said that it may just be a system error.

 

Can anybody please tell me what is going on?

Thank you!

 

First of all if you are in US what is your current status?

[PK88]

anybody?

[PK88]

First of all if you are in US what is your current status?

Since there was never a Change of Status, I am still on F1. I just registered to a college and I am taking full time classes while I wait for decision from USCIS.

What do you think about my case? I don't know what to expect at this point :/

Thank you

[rahul412]

anybody?

So what's your current status??

 

Alien registration number is nothing but I94 number, it should not change in your case. Like your attorney said, that might be an error.

[PK88]

So what's your current status??

 

Alien registration number is nothing but I94 number, it should not change in your case. Like your attorney said, that might be an error.

 

I am currently on F1. Decided to go back to school for a different degree while I wait for a USCIS decision.

 

Thank you for the info about Alien registration number. It was just curious that I got this status update on my original petition just a few days after the amended petition was reopened...all this after waiting for more than 6 months with no update in any of the cases.

 

What about the amended petition that was reopened? I read about other people whose denied petition was reopened and on the same day the MTR was approved as well.

In my case the MTR is still in Initial Review. No idea why...

[rahul412]

I am currently on F1. Decided to go back to school for a different degree while I wait for a USCIS decision.

 

Thank you for the info about Alien registration number. It was just curious that I got this status update on my original petition just a few days after the amended petition was reopened...all this after waiting for more than 6 months with no update in any of the cases.

 

What about the amended petition that was reopened? I read about other people whose denied petition was reopened and on the same day the MTR was approved as well.

In my case the MTR is still in Initial Review. No idea why...

Then why don't you just finish your second degree and then file for H1?

[PK88]

Then why don't you just finish your second degree and then file for H1?

Pursuing a second degree is expensive. I am hoping for the H1B to be approved so that I can drop out and just work.

[nineballs]

I think your attorney can call USCIS and get a status on your original H1-B petition. If that's approved, you can probably go outside the country and get a new visa. I wonder why your original attorney didn't suggest this in the first place.

[rahul412]

Pursuing a second degree is expensive. I am hoping for the H1B to be approved so that I can drop out and just work.

Then what will you say to vo "why didn't you finished your degree??"

F1 student is expected to complete his degree before start looking for job.

[PK88]

Then what will you say to vo "why didn't you finished your degree??"

F1 student is expected to complete his degree before start looking for job.

I already have a completed masters degree.

[rahul412]

I already have a completed masters degree.

I am talking about your second degree.

Are you gonna complete it or not??

[PK88]

I am talking about your second degree.

Are you gonna complete it or not??

No, if I am offered a job I will just drop out of school and not complete the degree. Enrolling in college for a second degree was suggested me by my Immigration Attorney as a way to stay here legally while waiting for USCIS decision on my case.

[PK88]

Good news.
This evening the status of my denied petition changed to the following:
On March 13, 2014, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER.
(POST DECISION ACTIVITY)

 

The status of my I-290B (Motion to Reopen) still says the following:

 

On August 2, 2013, we received this I290B NOTICE OF APPEAL TO THE COMMISSIONER, and mailed you a notice describing how we will process your case. 

(INITIAL REVIEW)

 

Just waiting for I-797 notice now, hopefully it will have I-94 attached.

[t75]

Since you came on an F1 visa, you stated that you intended to return home after completing it.

 

A US degree was NEVER a guarantee for a job in the US. You would have been better served returning home and getting work experience and a salary.

 

Your statements demonstrate why there should be a rule that if a student comes on an F1 visa and drops out, he/she should be banned from a work visa until such time as he/she would have completed the course for which entry into the US was granted. US colleges are NOT for finding a way to live and party in the US.

Quite frankly, any employer who does not look at your academic history and reject you for the sham enrollment is doing himself a disservice.

[rahul412]

No, if I am offered a job I will just drop out of school and not complete the degree. Enrolling in college for a second degree was suggested me by my Immigration Attorney as a way to stay here legally while waiting for USCIS decision on my case.

Congratulations for your approval.

BTW you still didn't answer my question?? what will you say to vo "why didn't you finished your second degree??"

So you just simply joined some school to stay in US??

[rahul412]

 

Your statements demonstrate why there should be a rule that if a student comes on an F1 visa and drops out, he/she should be banned from a work visa until such time as he/she would have completed the course for which entry into the US was granted. US colleges are NOT for finding a way to live and party in the US.

Quite frankly, any employer who does not look at your academic history and reject you for the sham enrollment is doing himself a disservice.

I hope this becomes a new rule so that people will stop abusing F1 program.

 

I am surprised that it was attorney's advice to join some school.

[PK88]

Since you came on an F1 visa, you stated that you intended to return home after completing it.

 

A US degree was NEVER a guarantee for a job in the US. You would have been better served returning home and getting work experience and a salary.

 

Your statements demonstrate why there should be a rule that if a student comes on an F1 visa and drops out, he/she should be banned from a work visa until such time as he/she would have completed the course for which entry into the US was granted. US colleges are NOT for finding a way to live and party in the US.

Quite frankly, any employer who does not look at your academic history and reject you for the sham enrollment is doing himself a disservice.

 

Not sure you understood my situation, I probably was not very clear about it. Sorry about that.

I entered US on F1 status in 2010, and I did complete the course for which entry into the US was granted (MS Degree obtained back in 2012). My plan was then to just start working, I was lucky enough to get a job offer here in the US and decided to go with it.

Unfortunately, USCIS then decided to reopen my approved case and deny it. Knowing that processing times can be extremely long (Premium Processing not available for MTR) I simply decided to register for a new course of study to maintain my legal status here. Please also note that this viable option was suggested by my Immigration Attorney.

Now by having the possibility to work, since H1B was approved again, I honestly would rather work and earn a salary instead of continuing to go to school and spend thousands of dollars on a second degree that I could easily live without.

And sure, US colleges are not for finding a way to live and "party" in the US, but life puts you in certain situations where you want to make a decision for what you think is best for you, as long as it is done in a legal way. I believe that my reasons were personally important and valid (better job market and girlfriend that I met here).

Now as long as what I did and do is legal, I do not see anything wrong with that.

[rahul412]

 I simply decided to register for a new course of study to maintain my legal status here

They why not B2?? Why only F1?? You joined some school just to stay in US legally not to go to school. So isn't that misuse of F1 status??

 

 

Now by having the possibility to work, since H1B was approved again, I honestly would rather work and earn a salary instead of continuing to go to school and spend thousands of dollars on a second degree that I could easily live without.

They why didn't you left US and come back after H1 approval instead of spending money on unwanted degree??

 

 

 

And sure, US colleges are not for finding a way to live and "party" in the US, but life puts you in certain situations where you want to make a decision for what you think is best for you, as long as it is done in a legal way. I believe that my reasons were personally important and valid (better job market and girlfriend that I met here).

Now as long as what I did and do is legal, I do not see anything wrong with that.

What you did was legal, but that was misuse??

You should have atleast finished your unwanted degree to avoid unwanted trouble.