H1-B denied and OPT expired

[kokofay810]

Hi All,

I submitted my H1-B petition April 1, 2012. My OPT expired April 5, 2012. Now I just received a denied letter. Before that, I received RFE early May, 2012.

The denial reason...USCIS claimed that my position doesn't need a Bachelor degree. However, in OOH, for the position I'm applying for, it clearly pointed out the entry level degree is "bachelor degree". One-fourth of the people working in this position hold Master degree.

I do have a master degree.

My attorney called USCIS and asked the customer service to send another note to the direct office who dealt with my case regarding this error.

I have several questions:

1. Is there any chance the office would reverse the decision?

2. If I want to appeal, how long does it take?

3. If I wait till next year to file my H1-B again, for the same position and same employer, would it affect my filing next year, since i got rejected the first time?

I know...in any case, i'm out of status and have to depart the States asap.

Please help.

Thanks,

[JoeF]

There are a couple of things here:

1. An employer can not arbitrarily say a position requires a degree. It also has to be the industry norm.

2. Is there some additional wording, e.g., something like "alternatively, x years of experience"?

Sending a "note" to the USCIS office is completely useless. MTR or appeal would be the ways to try to overturn a decision.

[wiweq]

=> Search and learn more about MTR (Motion to Reopen). But it's very risky. Why? The denial letter asks you to leave the US (if no COS or extension is in process). If you stay in US meanwhile and somehow if MTR fails, you will face hard time while getting any future US visas.