H1b denied after RFE submitted

[harry4sap]

Hi Experts,

 

My h1 b got RFE in  Aug and we responded the RFE in oct.  today i got the response that my H1b petition denied. 

the RFE related to 1) Eduction evaluation and 2) Providence pertaining to the proffered positon.

 

I have a bachelor of compuster scinec (B. SC) and 7.5 years of IT experience  with the same company who filled my H1.

 

When i discussed with my employer they said let us discuss with attornery.  Now my question are

 

1) my husband is in US can i go on H4 mean while ,  during the  attoerney reopens the case 

 

2) what are the chances of getting  pettiotion approval once it got denied..

 

 

could you please share your inputs and advice  to get H1 approve...

 

thanks in advance

 

regards

sowmya

[jairichi]

Hi Experts,

 

My h1 b got RFE in  Aug and we responded the RFE in oct.  today i got the response that my H1b petition denied. 

the RFE related to 1) Eduction evaluation and 2) Providence pertaining to the proffered positon.

 

I have a bachelor of compuster scinec (B. SC) and 7.5 years of IT experience  with the same company who filled my H1.

 

When i discussed with my employer they said let us discuss with attornery.  Now my question are

 

1) my husband is in US can i go on H4 mean while ,  during the  attoerney reopens the case 

 

2) what are the chances of getting  pettiotion approval once it got denied..

 

 

could you please share your inputs and advice  to get H1 approve...

 

thanks in advance

 

regards

sowmya

I doubt you are eligible for H1B as it requires a minimum of 4 year degree. Wait for other members opinion. If you were on H4 before filing of H1B petition and if H4 I94 is valid you are in H4 status now.

[harry4sap]

Hi Jairichi,

 

Thanks for your reply.

 

I ready somany blogs and every one is saying even if you have 3 years degree and 4+ yrs experience in the same field they USCIs  considers 4 yrs of exp is equalant to 1 yr of your eduction.  in that case i have 7.5yrs exp in the same area so i think i am eligible.  This eduction evaluation is a normal REP basically they will raise .  so for that our attorney gone for education evaluation...

 

Next question i want to clear that right now i am in India and i dont have H4 visa... So my question can I apply for H4 while my H1 is in Decision status.. Our attorney is saying we will try to get approve...

 

I Have a B1 valid visa....so can I go on B1 and convert their from B1 to H1 or H4... 

 

 

please advice

 

thanks

hari

[Girish Jaiswal]

Hi Experts,

 

My Name is Girish Jaiswal. I have a 3 year diploma in Industrial Electronics along with a Bachelors Degree in Computer Application from VInayaka missions University which is Approved by IGNOU and DEC. I have 12+ years of experience in IT. My question is am I eligible for H1B. If not then which areas I need to improve on to make my case look strong.

 

Thanks Regards

Girish Jaiswal

[jairichi]

Hi Jairichi,

 

Thanks for your reply.

 

I ready somany blogs and every one is saying even if you have 3 years degree and 4+ yrs experience in the same field they USCIs  considers 4 yrs of exp is equalant to 1 yr of your eduction.  in that case i have 7.5yrs exp in the same area so i think i am eligible.  This eduction evaluation is a normal REP basically they will raise .  so for that our attorney gone for education evaluation...

 

Next question i want to clear that right now i am in India and i dont have H4 visa... So my question can I apply for H4 while my H1 is in Decision status.. Our attorney is saying we will try to get approve...

 

I Have a B1 valid visa....so can I go on B1 and convert their from B1 to H1 or H4... 

 

 

please advice

 

thanks

hari

I am not sure about your eligibility for H1B.

If your spouse is on H1B you can apply for H4 visa and later your employer applies for a COS to H1B. But, if they are confident of getting your H1B petition approved you would have to listen to them. You could ask them to upgrade to premium processing.

[harry4sap]

Hi Jairichi,

 

Thanks for your reply.

 

my petition got denial. Now my employer wants to go with " re appeal"  the same H1b. I have gone through lot of forums and they are saying if it si MTR .. it may take 3 to 9 months..

 

Now assume if it takes 9 months then I may miss Fy 2015 quota.. I am  not sure whether after reappeal we get our petiotion approve or not.

so my question is  during my current H1 pettion under MTR can I apply for new FY2015 quota.. paralllel , am I eligible for that.. FY2015.

 

pls suggest me

 

thanks

hari

[jairichi]

Hi Jairichi,

 

Thanks for your reply.

 

my petition got denial. Now my employer wants to go with " re appeal"  the same H1b. I have gone through lot of forums and they are saying if it si MTR .. it may take 3 to 9 months..

 

Now assume if it takes 9 months then I may miss Fy 2015 quota.. I am  not sure whether after reappeal we get our petiotion approve or not.

so my question is  during my current H1 pettion under MTR can I apply for new FY2015 quota.. paralllel , am I eligible for that.. FY2015.

 

pls suggest me

 

thanks

hari

Yes, a new cap subject H1B petition can be filed. Talk to independent attorneys about your current situation and get their opinion.