H1B went to RFE and now updated as DECISION NOTICE MAILED.

[lingaiahg]

Hi, My H1-B was Lottery picked and was updated on April 11, 2017 as "Case was Received".
After 5 months on Sept 18, 2017 the status got updated to "RFE".
My Employer responded to RFE on Dec 06, 2017.
On Jan 22, the status got updated as "DECISION NOTICE MAILED" with the info "We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice."

Why USCIS are denying many H1's this year ?
What are possibilities to reopen the case ?
Can the same Employer file for NEW H1B PETITION or reopen the same case ?
After the case is re-opened what are chances of getting it Approved ?
Will the case go to RFE ?
I also heard during Stamping in India, they are placing a lot many on "Administrative Processing" 

[Centepede]

3 minutes ago, lingaiahg said:

Hi, My H1-B was Lottery picked and was updated on April 11, 2017 as "Case was Received".
After 5 months on Sept 18, 2017 the status got updated to "RFE".
My Employer responded to RFE on Dec 06, 2017.
On Jan 22, the status got updated as "DECISION NOTICE MAILED" with the info "We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice."

Why USCIS are denying many H1's this year ?

--> Can't comment in general. However my personal opinion is every time there is a new president in office and immigration reforms , policies are unpredictable such decisions get more cautious and sees spike in a decision making which protects and benefits the US Govt and in today's era the policies and reforms might be unpredictable but the tone set is very clear to the governing agencies.

What are possibilities to reopen the case ?

--> Your case specific. Depends in what area RFE was raised. If it was on you vs on employer. Your attorneys are best guide on these or if you would like to share the reason for RFE and denial we can take a stab at it.

Can the same Employer file for NEW H1B PETITION or reopen the same case ?

--> Yes, but 2 things need to happen. (1) Something needs to change in your application based on the previous RFE and denial reason. (2) If nothing can change there you can't re-file via same employer.

After the case is re-opened what are chances of getting it Approved ?

--> Case specific. I have seen RFEs raised on employer's tax returns and denied but re-filed after newer tax year and petition was approved. I have seen RFE raised due to graduation years conflict by the candidate and denied but after 3 challenges got approved in last attempt.

Will the case go to RFE ?

--> I am sorry but it could. There is no guarantee. Let's hope not.

 
I also heard during Stamping in India, they are placing a lot many on "Administrative Processing" 

--> Refer to my first answer. Everyone in government is being cautious is my personal opinion.

 

I am sorry to hear this decision by USCIS @lingaiahg

Comments inline.

 

[srini005]

No Need to worry my friend Even I am facing the same isssue talk with your employer go for attorney suggestion 

first of all find the reason for denial then you,employer,attorney have chat and then attorney can reopen the case

Never lose your hope

[Surfer123]

7 hours ago, lingaiahg said:

Hi, My H1-B was Lottery picked and was updated on April 11, 2017 as "Case was Received".
After 5 months on Sept 18, 2017 the status got updated to "RFE".
My Employer responded to RFE on Dec 06, 2017.
On Jan 22, the status got updated as "DECISION NOTICE MAILED" with the info "We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice."

Why USCIS are denying many H1's this year ?
What are possibilities to reopen the case ?
Can the same Employer file for NEW H1B PETITION or reopen the same case ?
After the case is re-opened what are chances of getting it Approved ?
Will the case go to RFE ?
I also heard during Stamping in India, they are placing a lot many on "Administrative Processing" 

The shadier the employer is, the greater the chances of denial are. In the past countless employers and beneficiaries have gotten away with abuse of H/L visa's but it is getting tougher with each year and rightly so.

MTR is a lost cause 9 out of 10 times. If your employer is a legit one and your job is a legit one, new h1b is not a bad option but if not, better find a legit employer and a real job before trying for H1B again.

[lingaiahg]

On 1/24/2018 at 3:03 AM, Centepede said:

I am sorry to hear this decision by USCIS @lingaiahg

Comments inline.

 

@Centepede:

Thanks for your valuable suggestions.

My Employer received the decision notice that application is considered abandoned due to delay in sending the response for the RFE.

RFE said “Your response must be received in this office by Dec 11”, however the response was sent on Dec 06 and it was delivered to USCIS VT office on Dec 07, 11:27 AM.

After 1.5 months USCIS updates the status as “Decision notice mailed” when the RFE response was received at their office on Dec 07, 4 days before the deadline. I do not understand their stand on this reason for the denial.

Now they have provided a limited motion rights to file a motion to reopen which is going to cost my employer and attorney Time and money, and the stress that we all have to go through.

[srini005]

Then No Need to worry at all if at all postal delays you can provide the FEDEX/UPS/USPS tracking details and go for MTR.

 

All the best

[lingaiahg]

On 1/31/2018 at 8:51 PM, srini005 said:

Then No Need to worry at all if at all postal delays you can provide the FEDEX/UPS/USPS tracking details and go for MTR.

 

All the best

@Centepede & @srini005 - Thanks

My Employer has filed MTR and awaiting or an update.

Could you let me know what are Next process that USCIS will do ?

Also, I've applied for H4 based on my spouse H1B.

Once i receive the Approved H4 i can travel to US.

However by the time i plan my travel and fly to US, lets say H1B gets Approved, will there be any issue in travelling with H4 ?

[srini005]

  As per my suggestion don't quite your current job let's wait for the MTR results 

In the meantime go for H4 visa stamping and get it stamped in your passport wait for the MTR results then leave the current organization.

Bcoz I made the mistake I quite the job in india and came so my kindly advice don make any travel plan as of now

Note :- if at MTR H1 B is approved you can very well travel as H4 there won't be any issue.