Typical: H1B transfer denied twice by USCIS

[suri1984]

I did my Bachelors in science field and MS in Industrial. My First Employer-A applied for H1B in 2012 and it was Approved without any RFE or any issue.

 

November 2014, I changed to a bigger Employer-B who then applied for H1B transfer and I got RFE asking for docs like paystubs, Organization structure, SOW etc. My Employer-B replied with same but the application got denied by USCIS saying that client letter is not provided. Unfortunately my Employer-A revoked the original as I moved to Employer-B.

 

Employer-B re-applied again as Attorney said it should work. This time I got an RFE for Education and job relation, credential evaluation by experts, experience letters which were provided but USCIS denied application again saying they are not satisfied. 

 

Currently my Employer-B's Attorney is trying to seek advise and thing whether to re-apply or file for a MTR. 

 

I need suggestions if I could try through different Employer-C or let Employer-B work on it. Or please give me suggestions. Thanks in Advance

 

[JoeF]

Note that revocation of the old H1 from employer A is completely irrelevant for you. The employer was required by law to inform USCIS that you no longer work there. But it has no effect whatsoever on your situation.

You don't say in what field your H1 is. Expand on that instead of the revocation stuff.

You are currently out of status, due to the H1 having been denied (again, that is independent of the H1 revocation of employer A, you would have been out of status even if the old H1 hadn't been revoked.)

Since you are out of status, any new H1 would only be approved without COS, so you will have to leave the country and reenter with a valid H1 visa.

[rahul412]

You are out of status from the day B's H1 was rejected.  It looks like B is an consulting firm, I suggest you to find another employer not like this one

[suri1984]

You are out of status from the day B's H1 was rejected.  It looks like B is an consulting firm, I suggest you to find another employer not like this one

 

Note that revocation of the old H1 from employer A is completely irrelevant for you. The employer was required by law to inform USCIS that you no longer work there. But it has no effect whatsoever on your situation.

You don't say in what field your H1 is. Expand on that instead of the revocation stuff.

You are currently out of status, due to the H1 having been denied (again, that is independent of the H1 revocation of employer A, you would have been out of status even if the old H1 hadn't been revoked.)

Since you are out of status, any new H1 would only be approved without COS, so you will have to leave the country and reenter with a valid H1 visa.

 

 

I am already out of country. Employer B is an American company and it is one of the big players. I mentioned revocation to convey all the things. 

 

I need suggestions if I could try through different Employer-C or let Employer-B work on it. Or please give me suggestions. Thanks in Advance

[rahul412]

Yes, please find another employer.

[suri1984]

Yes, please find another employer.

 

Employer -B is still trying to re-apply or file an MTR. QQ Even if I go with another Employer USCIS has the history of my applications and will they again show dissatisfaction that my science background is no way related to IT work I am doing as they have already denied for the same cause

[rahul412]

Employer -B is still trying to re-apply or file an MTR. QQ Even if I go with another Employer USCIS has the history of my applications and will they again show dissatisfaction that my science background is no way related to IT work I am doing as they have already denied for the same cause

Is your H1 job related to your degree or not?

[suri1984]

Is your H1 job related to your degree or not?

nope. I belong to science field and I am working in IT

[rahul412]

nope. I belong to science field and I am working in IT

For H1 approval, you need to have 4 yrs of bachelor's degree from the field related to your H1 job.

[JoeF]

nope. I belong to science field and I am working in IT

 

You can only get an H1 for a job in your field. You need to have a degree related to the field.

[suri1984]

You can only get an H1 for a job in your field. You need to have a degree related to the field.

 

For H1 approval, you need to have 4 yrs of bachelor's degree from the field related to your H1 job.

 

I understand that part. But when I was given approval when I applied first time in 2012 but during the recent transfer why my education came into picture eventhough I am more experienced that earlier. 

[JoeF]

USCIS is looking closer nowadays.

[rahul412]

I understand that part. But when I was given approval when I applied first time in 2012 but during the recent transfer why my education came into picture eventhough I am more experienced that earlier. 

Its clear, the officer who worked on your earlier H1 didn't check all the documents. Now when you filed for H1 transfer they came to know about it and req more evidence.

 

In other words, your earlier H1 approval was an error.

[suri1984]

So, it does mean that no matter how many times I reapply or change the employer it will be denied unless lucky as the issue has come to a personal level of scrutiny for me. I feel that if my employer-b could have provided proper documentation like supplying org chart, sow, client letter, pay stubs etc I could have passed through.

[JoeF]

So, it does mean that no matter how many times I reapply or change the employer it will be denied unless lucky as the issue has come to a personal level of scrutiny for me. I feel that if my employer-b could have provided proper documentation like supplying org chart, sow, client letter, pay stubs etc I could have passed through.

 

The denial is of course in your file now.

USCIS nowadays checks everything very closely at renewal time. It has nothing to do with the employer providing more documentation. USCIS has become stricter on a lot of things, including education requirements.

[rahul412]

So, it does mean that no matter how many times I reapply or change the employer it will be denied unless lucky as the issue has come to a personal level of scrutiny for me. I feel that if my employer-b could have provided proper documentation like supplying org chart, sow, client letter, pay stubs etc I could have passed through.

You got RFE on your educational BG, how can org chart and other documents prove your educational BG?

[Andy.Pondy]

I think your Compay B's attorney didn't submit the educational evaluation at first. So, the USCIS thought you're not qualified for the H-1B in the field of IT.  A few attorneys overlook educational evaluation for H-1B which will land you in trouble. 

[suri1984]

Employer-B timeline:

Nov 2014- Applied for transfer

Nov 2014- RFE for org chart, paystub, Sow

Jan 2015- Responded to RFE

Jan 2015- declined due to client letter

Feb 2015- Re-applied to transfer

Feb 2015- RFE for education

March 2015- RFE responded

April 2015- declined for the same

My employer-A provided all the required docs when applying in 2012 including client letter but this employer-b keep missing the same documents for everyone. How important is it to submit a clean application and not miss any documents when uscis is asking them for same docs again and again. I asked around each and every employee I asked got RFE when employer-b submits, it looks like they are not learning from mistakes

[suri1984]

@Andy. These big corporate guys has this bad culture of not submitting all documents first and only supply when asked in RFE and claim that it is not required unless asked.