I-140 Eb2 approved, H4 to H1 COS denied after specialty RFE

[ThisIsLife]

Hi,

I am currently on H4 visa, my I-140 got approved in Aug2017. Due to delay in perm filing, I changed to H4 with few weeks left on my old H1b. And my company filed for a change of status and H1 extension via premium in Sept2017 based on the approved I-140. But my petition got denied after a specialty occupation RFE, I am yet to receive the exact reasons for denial.

Currently I am at shock and sad by this decision since I did not encounter any issues or RFE during PERM and I-140 approval and had never anticipated this decision for my job position which offers level 3 wage and work directly for reputed non profit hospital network.

My company plans to file an appeal. But meanwhile I wish to know what other options do I have with an approved I-140 in h4 status to get back to work?

1)      Can I look for a new employer to file a new H1 petition based on approved I-140?

2)      Will I need to go thru H1 lottery? Since my current H1 was cap exempt.

3)      Currently how much time does the decision of appeal take?

 I would really appreciate if anyone could you share your thoughts or experiences on my situation?

[buzzme123]

On 11/2/2017 at 1:57 PM, ThisIsLife said:

Hi,

I am currently on H4 visa, my I-140 got approved in Aug2017. Due to delay in perm filing, I changed to H4 with few weeks left on my old H1b. And my company filed for a change of status and H1 extension via premium in Sept2017 based on the approved I-140. But my petition got denied after a specialty occupation RFE, I am yet to receive the exact reasons for denial.

Currently I am at shock and sad by this decision since I did not encounter any issues or RFE during PERM and I-140 approval and had never anticipated this decision for my job position which offers level 3 wage and work directly for reputed non profit hospital network.

My company plans to file an appeal. But meanwhile I wish to know what other options do I have with an approved I-140 in h4 status to get back to work?

1)      Can I look for a new employer to file a new H1 petition based on approved I-140?

2)      Will I need to go thru H1 lottery? Since my current H1 was cap exempt.

3)      Currently how much time does the decision of appeal take?

 I would really appreciate if anyone could you share your thoughts or experiences on my situation?

Have you responded to Speciality Occupation RFE?

Have you got your denial letter yet?