H1b Got Denied...


sadula

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Hi,

I got the denial notice and my employer wants to appeal the decision.

Employer said the decision is baseless. The reason is that project already existed and there is no requirement of specialty occupation. My employer said project submitted for 2 years...

They are going to appeal in 3 days, Please let me know what are the chances of approvals and what are the documents required to appeal(my employer will take care but want to know what are the docs required for strong appeal).

How long does it take to get an update..  

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12 hours ago, sadula said:

The reason is that project already existed and there is no requirement of specialty occupation.

My employer said he submitted the project length for 2 yrs..

it is in house project .

You haven't answered my question.

If the employer says it is not a specialty occupation, it is not possible to get an H1 for that position.

The H1 is for specialty occupations that require a college degree (and also for certain fashion models, but I guess that's not your occupation.) That's in the law.

INA 101(a)(15)(H) (emphasis mine):

"(H) an alien (i) (b) subject to section 212(j)(2) , who is coming temporarily to the United States to perform services (other than services described in subclause (a) during the period in which such subclause applies and other than services described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in section 214(i)(1) or as a fashion model, who meets the requirements for the occupation specified in section 214(i)(2) "...

So, either your employer doesn't understand what specialty occupation means or you can't get an H1 for that position.

Oh, and if the employer is a consulting company, "inhouse project" is a big red flag, anyway. It is a known code word for "on bench." Most consulting companies operate on shoestrings, and can't afford developing a product themselves. It is very expensive to develop a product, there would have to be market research, etc. etc.

Does the employer have the help of an immigration lawyer? If not, the employer should get one.

 

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Thank you for your reply.

My employer provides cloud based services, have many clients in Health care and pharma companies. They have their own product to migrate client's data to secured cloud servers. We have internal clients and i am going to work at employers place in Texas.

They said the reason is the current project is already existed and employees are working on it.  they is no requirement for for the current project. But my employer filed project for 2 years.

Actually my employer required employees to provide services for their clients. It is not a consultancy, it is a proper product based company.

there are around 10 employees got into the lottery but only 2 of them got approvals ( From California Center), Remaining are from vermont center and got decision notice. All of them have same project details.

My self, I did Bachelors in Computer science and masters in International Business from Scotland, have 7+ yrs of  IT experience. 

My employer surprised by the decision notice and appealed the decision 2 days back. 

My immigration officer said that this is the first time they have experienced this situation and do not have proper info for processing time and approvals.

I would like to know from you about the processing time for Appeal and chances of Approvals.

 

Thanks in advance.

 

 

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So, let me see if I got this right, it is not easy to understand your narrative.

It seems that with "They said" you mean USCIS. So, USCIS, in the denial notice, said that they don't believe the project needs you. Is that the right interpretation?

In that case, the employer should have a business plan, etc. for this, possibly showing growth, to show that more people are needed for that project.

 

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