H1b extension petition denied due to Specialty Occupation. Will refiling with a new LCA increase the chances of approval?

[Abhishek Basavaraju]

My H1b extension was denied.

I94 expiry : Aug 3rd,2021

Role change : Quality Assurance Manager to Technical program manager(FTE)

H1b extension filed(Premium processing) : Feb 8th,2021

H1b Rfe received : Feb 22nd

Rfe reason : Specialty occupation (Job duties in LCA (Software developer) doesn't match with the current job duties described (For Technical program manager). Job code in LCA doesn't match with the Job code for current role. Rfe response sent : April 10th ( Same LCA with additional documentation provided for Job duties match along with an external evaluation letter to support that the Job duties align with the job code listed in LCA)

Denial notice received : May 10th ( crux of the denial is due to the mismatch in the occupational category in LCA. The immigration team responded with an argument that the duties of the role did appropriately align with the certified LCA.USCIS denied this and is asserting that the job duties of my position don’t sufficiently align with the generic duties of the occupational category used for the LCA) The job code that USCIS was recommending in the initial RFE response is for 15-1299.09 (Information technology project managers).

Questions:

1. Has anyone gone through a similar situation where they had to change the LCA and refile with a new job code. I am looking for some advice on what options I have?

2. If we go ahead with refiling the H1B extension petition with the new LCA, will there be a better chance of approval? 

[LeaveMessageH1B]

On 5/13/2021 at 7:07 PM, Abhishek Basavaraju said:

will there be a better chance of approval? 

Approval is no chance game, it's based on facts only.