H1B Denial

[BePositive+]

Hi,

My H1B picked in lottery and it got denied in last week. (Issued RFE, responded and now denied) My employer did not share RFE letter with me and now is not ready to disclose the denial letter as well under "Confidentiality" reasons. Now the employer is planning to file MTR. Could you please answer my below question:

1. I think they should really share the RFE and Denial letter on my case with me. Is their "Confidentiality" reason valid?

2. Is it allowed to travel Internationally if MTR has been filed?

3. Any idea of success rate of MTR?

[JoeF]

Find a better employer next year, not a shady consulting company.

 

[Karn89]

@sp2017: Sorry to hear about you denial. A genuine employer should share all the information. There are many shady desi consultancies which do not disclose the above mentioned details. There are many cases of successful MTR, however, it's a lengthy process.

May I also ask what was the category of your RFE? This time it seems most of the RFEs are getting denied.

[BePositive+]

hi @Karn89 Thanks for your response. As I mentioned I don't event know what RFE was about. I think it was about the duration of my contract with current employer as I am on a contract. My employer informed me the denial was about 'Specialty Occupation'. Do you have any information about international travel on MTR? I am working on my OPT so I have valid visa for entry.

[DollyKumari]

Hi, I have a bit similar problem with employer not sharing H1B denial letter. I got an RFE on my F2 to H4 conversion in which they are asking to share spouse details and also include any past approval/denial letters I had for any petitions filed for me. I had my H1B denied but the employer is not willing to share the denial letter under confidentiality reasons. Can the employer deny sharing the H1B denial letter with me? If so, do I respond to the rfe without any mention about this denial or should I say that I have a denial but the employer is not sharing the document for confidentiality reasons? Please help me.

[JoeF]

The H1 is the employer's petition. The employer is not required to share a denial notice with the beneficiary.

Mention the H1 denial, and add a note that you didn't get the denial notice from the petitioner.

[DollyKumari]

13 hours ago, JoeF said:

The H1 is the employer's petition. The employer is not required to share a denial notice with the beneficiary.

Mention the H1 denial, and add a note that you didn't get the denial notice from the petitioner.

Thank you for the quick response JoeF.