H1 Extension Denial Please Advice

[rsaxena]

Hi, 

 

I completed first year of H1 in November 2014, Applied for extension in November 2014.

Got RFE saying beneficiary is not qualified for proffered position as a programmer. My Bachelors and Masters is health related field however, my masters is strongly related to the job I do. We responded to RFE within a month, with evaluation letter , and other supporting documents - including certifications in software I work in. But On May 13th, 2015 my case was denied, and we have not received denial notice yet. I have total 3.5 years of experience working on this software, 1.5 years on OPT and 2 years with my current employer.

Few Questions I have:

1) Can my employer file a new H1 , with stronger documentation, more detailed letters from previous employer, professors, evaluation experts justifying my skills. And if we go that route do I have shot in getting my application approved?

2) My wife and kid are in India and I haven't seen them for 7 months, I was wondering if they can come to US on visitor's visa if I appeal the case and stuck here?.

3) My H1 was expired on November 24, 2014, how long I have to stay legally in the US?

4) What other options I have? Which options has chances of better outcome.

I apologize if my questions and/or explanations are vague; I am freaking out because this situation, Any advice will be highly appreciated.

Thanks for your time.

 

[jairichi]

1. Wasn't that how RFE was responded? Mere certifications in software is of no help for your case.

2. Currently you stay is illegal and better to leave country. If your employer is still interested in you they need to check with an attorney the chances of  a new H1B petition approval.

3. Your stay is illegal from the time you get a denial notice.

4. Look for a job related to your degree. If you are in health care look for a job in that industry rather than programmer.

[rahul412]

Best thing for you to do is, find a job related to your degree. Certifications will not help in getting H1, if that's the case then no one will try to get degree from school.