H4 to H1 denied


pd017

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  • 2 weeks later...

Thanks!!

Please find the reason of denial as below and let me know if going for appealing/MTR is worth in this case or not :

 

The letter submitted from the end client, states that the beneficiary will be working at the location,dated July 22,2014, almost four months after the petition filing and 2 months after the request of evidence was sent. In addition, the subcontractor agreement says the services will be performed at the location set forth in the job order. Yet the job order does notaddress the work location. Further, the work order between your company and client was not signed until July 22,2014, almost 4 months after filing the petition, and the work order has a start date of October 20,2014, 20 days after the start date of the petition.
The evidence contained does not support your claim that a work assgnment ever existed at the time of filing the petition.
The petitioner must establish at the time of filing the visa petition;it may not be approved at a future date after the petitioner becomes eligible under a new set of facts. Furthermore, your petition fails to meet the requirements of...in that the evidence does not establish the availability of speciality occupation work at the time the I-129 petition was filed.
Therefore, petition is denied.
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Thanks!!

Please find the reason of denial as below and let me know if going for appealing/MTR is worth in this case or not :

 

The letter submitted from the end client, states that the beneficiary will be working at the location,dated July 22,2014, almost four months after the petition filing and 2 months after the request of evidence was sent. In addition, the subcontractor agreement says the services will be performed at the location set forth in the job order. Yet the job order does notaddress the work location. Further, the work order between your company and client was not signed until July 22,2014, almost 4 months after filing the petition, and the work order has a start date of October 20,2014, 20 days after the start date of the petition.
The evidence contained does not support your claim that a work assgnment ever existed at the time of filing the petition.
The petitioner must establish at the time of filing the visa petition;it may not be approved at a future date after the petitioner becomes eligible under a new set of facts. Furthermore, your petition fails to meet the requirements of...in that the evidence does not establish the availability of speciality occupation work at the time the I-129 petition was filed.
Therefore, petition is denied.

 

 

USCIS was correct in pointing out discrepancies that existed in your H1B petition. What does your attorney say about this?

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