H1B applied while working in one field. denied. Will it affect if i apply H1B in IT field second time?

rkc1985

By rkc1985,
in H1B : General

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rkc1985 Newbie

rkc1985

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Hello,

Applied for H1b Visa in 2012 may while working the field of biology (which is actually my area of study MS in Biology). Unfortunately, it got denied and we applied for MTR. Now i decided to move to IT field and was wondering what would be the impact on my new H1B application if i apply H1B while working in IT field.

I understand the whole qualification part. I have few certifications which proves that i have gone through training in programming. Please let me know if i will face issues with my 2nd H1B process.

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rahul412 Advanced Member

rahul412

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I understand the whole qualification part. I have few certifications which proves that i have gone through training in programming. Please let me know if i will face issues with my 2nd H1B process.

As you said you know the qualifications for a candidate to have in order to apply for H1, so there are rare chances to get approved.(like people who already have working exp in that field get approved)

Moreover, having few certificates doesn't make the candidate professional in that field, if this is the case then everyone will do certifications and would save lot of school fee.

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rkc1985 Newbie

rkc1985

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I understand the education process and IT complexity. I do realize that its not just programming. I did everything to stay in my field of interest (which actually doesnt have career options in my home country). I worked my *** off to get 4.0 and publications...waited 7 months to get a job...i am surprised that my h1 is denied. And my frields who are Bull crapping about having experience in IT are getting 3 yr H1 approved. it looks like there is no room for talent, hardwork and honesty in the offices of USCIS.

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rahul412 Advanced Member

rahul412

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I understand the education process and IT complexity. I do realize that its not just programming. I did everything to stay in my field of interest (which actually doesnt have career options in my home country). I worked my *** off to get 4.0 and publications...waited 7 months to get a job...i am surprised that my h1 is denied. And my frields who are Bull crapping about having experience in IT are getting 3 yr H1 approved. it looks like there is no room for talent, hardwork and honesty in the offices of USCIS.

Did you find out what' the reason for rejection. If it is your employer, then you can change the employer. See an immigration attorney asap.

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rkc1985 Newbie

rkc1985

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Shady applications are nowadays denied or get RFEs.

And hearsay from "friends" is rather worthless. You haven't seen their actual applications.

Shady applications? are u blind? i mentioned my field of study was biology and work in biology. get some life....not all people think/do alike.

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rkc1985 Newbie

rkc1985

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Did you find out what' the reason for rejection. If it is your employer, then you can change the employer. See an immigration attorney asap.

Based on RFE doc & talking to my attorney, i understood that i am over qualified for the job. i have MS degree but the job requires only BS. we got some professional opinions and OOH review and sent some extra evidence when i applied for MTR. still waiting for the response. It is a full time job and i actually like my job and not planning to change it. I dont think employer is the issue though.
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rahul412 Advanced Member

rahul412

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Based on RFE doc & talking to my attorney, i understood that i am over qualified for the job. i have MS degree but the job requires only BS. we got some professional opinions and OOH review and sent some extra evidence when i applied for MTR. still waiting for the response. It is a full time job and i actually like my job and not planning to change it. I dont think employer is the issue though.

Your attorney will help you now as he is the only person who knows everything about your case.

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JoeF Advanced Member

JoeF

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Shady applications? are u blind? i mentioned my field of study was biology and work in biology. get some life....not all people think/do alike.

First, I suggest dropping the attitude.

Second, I was talking about a shady application in the IT field.

You don't have a CS degree, so any H1 application in IT would be rather shady.

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JoeF Advanced Member

JoeF

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Based on RFE doc & talking to my attorney, i understood that i am over qualified for the job. i have MS degree but the job requires only BS. we got some professional opinions an

d OOH review and sent some extra evidence when i applied for MTR. still waiting for the response. It is a full time job and i actually like my job and not planning to change it.

Hmm, in your first post you said "Now i decided to move to IT field"

What now?

It seems to me that you are a bit flaky and prone to not think things through...

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t75 Advanced Member

t75

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OP, You said you moved to IT. Biologists generally do not have the body of knowledge required to work in general IT area. HOWEVER, it is certainly possible that your position may requrie more specialized knowledge in Biology that IT.

Since you were never guaranteed a job in the US, it was foolish for you to study something that had no application in your home country. You obviously misled the USCIS by stating that you intended to return home following your studies. You realize that you admitted your deception on a public forum.

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rkc1985 Newbie

rkc1985

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OP, You said you moved to IT. Biologists generally do not have the body of knowledge required to work in general IT area. HOWEVER, it is certainly possible that your position may requrie more specialized knowledge in Biology that IT.

Since you were never guaranteed a job in the US, it was foolish for you to study something that had no application in your home country. You obviously misled the USCIS by stating that you intended to return home following your studies. You realize that you admitted your deception on a public forum.

I misled the USCIS by stating that i intend to return home? USCIS never asked me if i was gonna return or stay.

FYI....i did not move to IT field yet. i am still working in my same field (biology). I was checking about h1b issues which will be faced if the app is filed without IT degree.....

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GNH Advanced Member

GNH

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Based on RFE doc & talking to my attorney, i understood that i am over qualified for the job. i have MS degree but the job requires only BS. we got some professional opinions and OOH review and sent some extra evidence when i applied for MTR. still waiting for the response. It is a full time job and i actually like my job and not planning to change it. I dont think employer is the issue though.

"Over qualified" is not a basis to reject a H1B application. Something else happened.What did the rejection letter say?

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rkc1985 Newbie

rkc1985

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"Over qualified" is not a basis to reject a H1B application. Something else happened.What did the rejection letter say?

I am done with the all this H1 work. I am going back to school to fulfill my dream. Going to work on getting PhD. Got admitted in very good univ with full time assistantship and research in the area i am really interested in.

Thanks all for your valuable feedback.

Joe...i wasn't trying to be mean. I misread your post about shady IT applications. Thanks for the feedback.

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