H1b Transfer denied and employer filed a new petition with the same job

[ascharan]

Hi,

I am in a situation at the moment and i need your valuable inputs .

I applied for H1b transfer from Employer A to Employer B in July 2017. I got an RFE in Nov 2017 asking about "Employer-Employee relationship" and "Speciality Occupation". I upgraded my case to Premium on Dec, and i got the denial by the end of the month.

Now my employer (Well reputed staffing company in US) filed a new petition with the same job in premium processing, a day after the denial notice came through. I want to get clarified on few things,

1. Am I in status or out of status. My attorney says i am in status, but i read a few forums having similar cases, they said it's out of status. My original H1b petition was valid until 2019 and I 94 has expiration date as D/S. But this petition was revoked couple of months after i started with Employer B.

2. Denial notice clearly says " You have not demonstrated that the offered position is a speciality occupation within the meaning of regulations". Even after submitting the Vendor and Client letters, demonstrating how my course work relates to the job duties, i got the denial. 

My colleague also transferred from some other company to my company and he got the same RFE but his was approved. Same company and same job.

Only difference is he is from Computer science background where as i am from Eelectrical (ECE/EE). My attorney is confident that, we will get the approval this time and don't reveal what change of facts he mentioned.

Can you please suggest me, How else we can respond to this RFE. I am concerned that i may get it again in New petition too.

 

Thanks in Advance.

 

[pradeepcsu]

Is your educational background Bachelors or Masters?

[ascharan]

Masters in EE.

[Surfer123]

Staffing firm is staffing firm, there is no such thing as reputable when it comes to them. For your questions, I would trust your attorney inputs as they know all your immigration details including timelines..also, since they were so confident and sent a new petition the very next day of denial, it makes me wonder if they are aware of what they messed up in documentation the first time and were quick to fix their error the second time..either way, i wouldn't worry much