H1b Rfe denied.

[Shah]

Hi All,

 

My situation as well as my question is different from what I have seen on this Forum. 

 

I had applied for H1B in 2013 and got an RFE in October, 2013. RFE was denied in January, 2014 for following reasons:

 

1. Specialty Occupation:

 

They need us to prove that a min bachelors degree is required for Underwriting position.

 

My Client letter does mention that however they need proof of two other companies in the Underwriting industry requiring bachelors degree as a min requirement for Underwriting job.

 

They have even questioned the job responsibilities listed  on client letter does not match the requirement as listed in their book of laws. I'm not able to get a revised client letter

 

Your advice and comments would help me to prepare for MTR,,,,,,

 

[jairichi]

Hi All,

 

My situation as well as my question is different from what I have seen on this Forum. 

 

I had applied for H1B in 2013 and got an RFE in October, 2013. RFE was denied in January, 2014 for following reasons:

 

1. Specialty Occupation:

 

They need us to prove that a min bachelors degree is required for Underwriting position.

 

My Client letter does mention that however they need proof of two other companies in the Underwriting industry requiring bachelors degree as a min requirement for Underwriting job.

 

They have even questioned the job responsibilities listed  on client letter does not match the requirement as listed in their book of laws. I'm not able to get a revised client letter

 

Your advice and comments would help me to prepare for MTR,,,,,,

This question has to be addressed by your employer's attorney. A forum is not the place.

[t75]

This is a task for your employer's attorney.

 

FYI, from what I know insurance underwriting has no special educational requirements. I know engineers and non-degreed people doing the job

[srinathchowdary]

When is it denied? what is the uscis case status showing online?

 

How many days does attorney take for receiving denial notice document for h1b premium processing.

 

Also I am kind of same boat in panic situation since after Responding to RFE changed status to initial review and then on feb 6th received denial automated email and then after half an hour again another email  showing status initial review

 

First email states as below

 

Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER


Your Case Status: Decision


On February 6, 2014, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER.   The notice explains why the denial decision was made and the options that may be available to you.  If you have not received this notice within 15 days of February 6, 2014, please call customer service at 1-800-375-5283 for further assistance.


During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.

 

 

2nd email came after half an hour

 

Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

 

Your Case Status: Initial Review

On February 6, 2014, your Alien Registration Number was changed relating to your I129, PETITION FOR A NONIMMIGRANT WORKER.  Please check our website at www.uscis.gov for further updates on your case.  Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.


During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.

 

Online status shows initial review. Let me know if you are having similar situation.

[Shah]

This question has to be addressed by your employer's attorney. A forum is not the place.

My Employer's Attorney is not well versed with this scenario as it's his first case with H1B for Underwriting job and I'm looking for assistance from some attorney.

[Shah]

This is a task for your employer's attorney.

 

FYI, from what I know insurance underwriting has no special educational requirements. I know engineers and non-degreed people doing the job

I have applied for Consumer Loan Underwriter position and I have seen few examples of job opening for Underwriter where the requisite is Bachelors Degree

[jairichi]

My Employer's Attorney is not well versed with this scenario as it's his first case with H1B for Underwriting job and I'm looking for assistance from some attorney.

Contact an attorney from murthy law firm and they would provide you guidance for a small fee.

[Shah]

When is it denied? what is the uscis case status showing online?

 

How many days does attorney take for receiving denial notice document for h1b premium processing.

 

Also I am kind of same boat in panic situation since after Responding to RFE changed status to initial review and then on feb 6th received denial automated email and then after half an hour again another email  showing status initial review

 

First email states as below

 

Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

Your Case Status: Decision

On February 6, 2014, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER.   The notice explains why the denial decision was made and the options that may be available to you.  If you have not received this notice within 15 days of February 6, 2014, please call customer service at 1-800-375-5283 for further assistance.

During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.

 

 

2nd email came after half an hour

 

Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

 

Your Case Status: Initial Review

On February 6, 2014, your Alien Registration Number was changed relating to your I129, PETITION FOR A NONIMMIGRANT WORKER.  Please check our website at www.uscis.gov for further updates on your case.  Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.

During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.

 

Online status shows initial review. Let me know if you are having similar situation.

Hi,

 

I received a denial notification on 29th January, 2014, however the decision was made on 21st January, 2014.

 

I checked my status on USCIS shows as Decision.

 

Attorney has 30 days to apply for MTR, however I'm not sure whether these 30 days start from 21st January on-wards or from date the notification was received, also I'm not sure by 30 days does it mean straight 30 days or 30 working days.

[srinathchowdary]

I am in sameboat. my H1B got denied on Feb 6th. My H1B extension visa and I-94 both expired on Oct 26  2013 and i stayed till feb6th because of pending decision as H1B extension filed based on Approved I-140 got rfe on Nov 6th and denied decision made on feb 6th. Now what are my Options. I have approved I-140 and my 6 years of H1B completed and 7th year extension denied.

[srinathchowdary]

Does any one tell what are the options available at this time?

[jairichi]

I am in sameboat. my H1B got denied on Feb 6th. My H1B extension visa and I-94 both expired on Oct 26  2013 and i stayed till feb6th because of pending decision as H1B extension filed based on Approved I-140 got rfe on Nov 6th and denied decision made on feb 6th. Now what are my Options. I have approved I-140 and my 6 years of H1B completed and 7th year extension denied.

What is RFE about?

Leave to your home country and let your employer file for cap exempt H1B based on approved I-140 and enter after approval

[srinathchowdary]

RFE is about employee/employer relationship and also want to validate old approval h1b. On denial notice they mentioned that Previous lca for h1b is filed as Programmer Analyst. But now it is filed as System Analyst.Also paystubs are run from different location than apart from work location.

 

Not sure if i can appeal motion.

[jairichi]

RFE is about employee/employer relationship and also want to validate old approval h1b. On denial notice they mentioned that Previous lca for h1b is filed as Programmer Analyst. But now it is filed as System Analyst.Also paystubs are run from different location than apart from work location.

 

Not sure if i can appeal motion.

Employer's attorney would advise you on the next course of action.

[rahul412]

RFE is about employee/employer relationship and also want to validate old approval h1b. On denial notice they mentioned that Previous lca for h1b is filed as Programmer Analyst. But now it is filed as System Analyst.Also paystubs are run from different location than apart from work location.

 

Not sure if i can appeal motion.

So you are working at client location, did you submitted the client letter??

What did your employer told to do now??

Appeal will not give you any legal status.

[srinathchowdary]

I have submitted everything and employer is of  no  help as i could not able to get hold of time right from the time of RFE.

[jairichi]

I have submitted everything and employer is of  no  help as i could not able to get hold of time right from the time of RFE.

Start looking for a new employer to file a cap subject H1B.

[rahul412]

I have submitted everything and employer is of  no  help as i could not able to get hold of time right from the time of RFE.

If your employer is not helping , how can an appeal will help you out??

Find another employer dude....!!!!

[Attorney_25]

A new petition can be filed without it being cap-subject. If you were counted against the cap in the prior 6 years, you will not be required to be counted again, even if you leave the US and have the petition filed requesting consular processing.