H1B Denial Re-File/MTR Option PLEASE HELP

[jaganmohansyd]

Hi,
My H1B application got an RFC asking to produce a OFFER LETTER to the employee, which we have sent to UCICS.

To our surprise the H1B application was rejected stating that speciality occupation!.

 

My atorney told me that the Rejection reason is not in-line to the RFE at all also with regards to Specialized occupation reason i have a very important thing to highlight is I am a Bachelors in Computer science & Engineering (4Yrs) and Master in technology in Computer Science & Engineering(2 Yrs) and the Job position which I applied is also in field of computer science plus Iam certified in the technology for which I applied for also I have 10 Years of Experiance too.

I have a valid B1 Visa till 2018 which I got in 2008. I have also worked in UK,Canada,Honk Kong in work permits stating clearly in software proving my ability.Now the question is as we have given ALL the documents what UCICS asked and also completly satisfy the requirement for specialized occupation, What are Chances of getting the H1B denial to be Revered??? How much time will it Take for the result ?

 

 

[t75]

You may be qualified, but there is a question about the job.  Many computer related positions are filled by high school or tech school graduates and are not considered to require even a BS degree.  A simple check of DOL job descriptions demonstrates this.  If others in the country doing similar work are not required to have a degree or substituted experience, the job does not meet the requirements.

 

The attorney handing your case will advise your employer of the requirements. YOU are unqualified to advise on anything other than your qualifications.