H1B denial, can MTR be redrafted by another attorney but filed by previous attorney/employer

[neha16]

Hi,

 

Today I received my H1B denial notice reason being the job description doesn't qualify as a "Specialty Occupation". I had been asked for a RFE too earlier. I was never presented the petition draft by my employer. I am a contractor through my employer at a very prestigious company with a job title that easily qualifies for a specialty occupation but looking at the denial notice I find that the petition wasn't filed by a good attorney as there are several flaws in the job description as well as the job posting examples provided by them.

 

Is it feasible to get the petition corrected by a better attorney at say Murthy Law firm and then asking my employer to file the MTR? Are we allowed to make amendments to the petition and provide the information correctly and with more evidence?

 

Please advise me, any help would be greatly appreciate.

 

Thanks & warm regards,

Neha 

[JoeF]

You can't do anything.

The petition is the employer's petition, and only the employer can decide what to do. You have no input on that.

 

Consider this a lesson learned, and find a better employer for next year.

[jairichi]

Only if your employer is willing a MTR can be filed. With approval of your employer you can have a consultation with Murthy law firm.

[neha16]

Yeah.. My Employer is willing to file a MTR. Will I be able to get consultation from Murthy law firm.

 

I appreciate your help on this!

 

 

Best Regards,

Neha

[jairichi]

Yeah.. My Employer is willing to file a MTR. Will I be able to get consultation from Murthy law firm.

 

I appreciate your help on this!

 

 

Best Regards,

Neha

Yes. Ask your employer to talk to an attorney from Murthy law firm.