H1b Extension Denied – Need help on options

[SameerChicago]

I have been on H1b (EB2 with US Master’s Degree) since 2007 with an approved I-140 (priority date Nov 2010) . My current H1b has expired on October 15^th, 2017. As I have applied for extension and I have received a denial (waiting for denial letter).

Meantime here is a quick overview

·        Filed for H1b Extension May 2017

·        RFE received Sept 2017

·        RFE responded with Premium processing on Nov 13th

·        H1b Denied Nov 27^th

·        Currently out of Status- Waiting for denial letter from USCIS.

What are my options to re-instate/change my status?

1.      Can I challenge the decision

2.      Should I look for another employer to file for my h1b Transfer now

3.      What is counselor processing

4.      Am I out of Status or do I have a grace period.

5.      Can I challenge the decision and stimulaneously apply for H1b Transfer with extension.

6.      Should I look to change my status Student F1

[JoeF]

The H1 is the employer's petition. Only the employer could file an appeal.

There is no Consular Processing for H1s. That term is used for Greencards. Consulates don't process H1 petitions. For H1s, there is the possibility of a consulate being notified of an approved H1 petition, known as Consular Notification.

[directory0818]

1.      Can I challenge the decision -> yes, do not give up. Try to appeal the h1b denial decision.

2.      Should I look for another employer to file for my h1b Transfer now -> Probably yes but not sure whether h1b transfer is applicable as the current h1b is denied.

3.      What is counselor processing -> talk to attorney and check whether your current gc process could be modified to counselor processing. But for that I think you need to stop work and move back to home country. May be if you already filed i 485 then switch to ead.

4.      Am I out of Status or do I have a grace period -> Yes, you are out of status due to h1b denial decision. Stop work and move back to home country within 30-60 days.

5.      Can I challenge the decision and stimulaneously apply for H1b Transfer with extension -> I am not sure, extremely sorry to hear this h1b extension denials. Check whether you can stay in country while h1b denial appeal is in process.

6.      Should I look to change my status Student F1 -> I think its worth considering the fact that currently you are out of status. If you are married may be try H4/L2.

[NotAnAttorney]

What was the initial RFE about? Is it anything related to fraud?

[SameerChicago]

Thank you for response, I have got some more crucial details to share and expect some help, please 

FYI - I have got my denial today and unfortunately my employer is not willing to share the RFE or the denial letter saying it's company's confidential document. - Surely doesn't help and I dont want to get into any argument either.  

Anyways this is what I have learn from employer AND after I did some research 

My LCA was filed in May 2017 with these below details

• Job title : Sr. Programmer Analyst
  Occupation title : COMPUTER SYSTEMS ANALYSTS
  Occupation code 15-1121

As per new USCIS Memo that H1b application with job title computer programmer may not qualify as specialty occupation , hence USCIS wants employers to prove this job title falls under specialty occupation, which apparently does seem to have happened, leading to my denial. 

 https://www.uscis.gov/sites/default/files/files/nativedocuments/PM-6002-0142-H-1BComputerRelatedPositionsRecission.pdf

My employer believes he can

• file a new H petition with premium processing and see that gets approved if not, Can we fight back with Motion to reconsider. 

Any suggestions on how to address this situation will be great help to me and my family.

Happy to talk to anyone if there is a solution to this problem. 

[Vndo1307]

Sameer,

what the wage level your LCA was approved for? That could have played into this..