H1B Denied

[sakshi65@hotmail.com]

I have job (end client - vendor- my employer) and right/perfect work order for 2 year from prime vendor.

I got 1-129 H1b denied notice recently, was applied from H4,

Denial notice reflects..

1) Employer-employee relationship not established.

2) Does not establish that the project listed on the itinerary was accepted by the end client (may be end client letter not submitted) .

3) The position is not a specialty occupation.

I am expecting my employer/attorney does not fill I-129 forms correctly or they did not provided as supported doc..

My question is - Can I appeal I-290B fill? My employer is not perfect/low profile to appeal against the decision.. What would be my alternate to appeal by putting more evidence to strong the existing file?

Thanks in advance...

[JoeF]

You can't appeal anything. The application is the employer's application.

Find a better employer, maybe one who isn't a consultant, or at least one who has direct clients. EVC does not work anymore, and it doesn't make economic sense, anyway.

[rs_1973]

Not clear what you are asking, but if your question is, whether YOU can file an appeal, then the answer is NO. Your employer has to file the appeal, and from what you are saying, it doesn't seem like they are interested to file an appeal. So, unfortunately, you have to live by the decision.

[pontevecchio]

You can ask them. You can try to have the vendor or even the end client file your H1.

[4visaquestions]

JoeF, even if Sakshi finds a better employer now, she will need to wait till April 1,2012 inorder to file a new H1B application, Is this correct?

[JoeF]

JoeF, even if Sakshi finds a better employer now, she will need to wait till April 1,2012 inorder to file a new H1B application, Is this correct?

Yes. An employer can file an H1 for her from April 1 on, for the next fiscal year, with a start date of Oct. 1.