1. your options are to leave country, find an employer and file for transfer. My employer filed my H1 in management Quota in 2016 for Business Analyst title. Many of these denials were related to lack of proof for specialty occupations. Our 10 days grace period starts from the day when we receive mail of denial papers or when they have denied the visa. I had H1B Visa (from Dec 2015 to Dec 2016) and when my employer applied for Visa extension it got denied after RFE documents submitted. Thanks a lot to him for sharing his H1B denial letter.eval(ez_write_tag([[468,60],'redbus2us_com-medrectangle-3','ezslot_2',117,'0','0'])); H1B Visa Petition Denial Letter by USCIS – Employer Employee Relationship (Pages 1-3), H1B Visa Petition Denial Letter by USCIS – Services in a Speciality Occupation  (Pages 4-6), H1B Visa Petition Denial Letter by USCIS – Decision Conclusion  (Pages 7-8). I will do that. You can file anytime. You can only apply next year for FY 2021 quota. My second location change amendment is still in process in uscis. Two of the most common H1B denial reason is Employer Employee Relationship Clause and H1B Speciality Occupation Services. USCIS is issuing more H1B RFEs than ever asking for proof of “Specialty Occupation” as per the latest data shared on Feb 22, 2019. Anybody ever faced the similar scenario ? It is difficult situation, only thing you can do is file for B2 COS for all your family and try to leave as soon as you can exit the country. Converted to PP: July 13th, 2018 Package received by USCIS: July 16th, 2018. Now, if the respond to the RFE and if it gets denied, with my I-94 expired but having valid GC EAD, can I file for change of status to F1? what are my chances if go with MTR+Appeal on this with updated client letter with project duration? My employer filed H1B and amendment by March 2018 and second amendment filed for location change by May 2018. I recently applied H1B Extension in Aug 2017 , converted in to premium processing mid of Oct and then received my first RFE on " Specialty occupation" by end of OCT, replied to the RFE by Nov 6th and recieved Denial on 20th Dec. We are still waiting for the reason of denial. Vijay, You may, but it just delays the whole thing and the chances of appeals are 3 to 15% at max..discuss with attorney…. Home » US Immigration - Visas » H1B Denial Letter(Real) by USCIS – Speciality Occupation, Employer Employee Relationship, In H1B Visa by KumarUpdated : May 25, 201960 Comments. and one year gone but there is no update from AAO , what will be the next step , Please reply . Aravind Sankar. At a glance In the first quarter of FY 2020, the rate of requests for evidence and petition denials remained high for H-1B petitions, though there was a modest improvement in H-1B approval and RFE rates in comparison to Q1 of FY 2019. Specialty Occupation The petitioner did not establish that the position qualifies as a specialty My h1b visa extension got denied in January 2018 and also i94 expired. I’m also in same boat.. please let me know if you received any response. Many of you may be curious to know, how that may look like and the wording that USCIS uses for the same. Discuss with your employer or attorney other alternatives, Hi My h1b visa extension got denied and also i94 expired. 2. Talk to your attorney, they only know, if it is worth fighting or doing appeal. The approval rate for all H-1B specialty occupation visa petitions remained steady at nearly 85% in fiscal year 2019, which ended in September. If my H1B is approved, Did I face any issue in consultant interview for stamping? While the RFE rate for L-1 petitions has remained the same, there has been an increase in denials: Q4 FY 2017 L-1B petitions for Specialized Knowledge workers were denied at a rate of 28.7 percent versus Q1 FY 2017 at 21.7 percent. Thanks you. Can it be reapplied as cap exempt after few months for the rest of the 6 years? A specialty occupation requires that the beneficiary has a minimum of a Bachelor’s degree if not a Master’s Degree from the USA. 2. Please list the steps. Thanks, Is there any rules change for H1B lottery from fy 2020, As of now, nothing has changed. Appreciate your time to resolve everyone’s queries. Kashif, I am not sure, what do you mean by management quota. What are the chances of it getting approved? Employer told that consular application is the only option now, (MTR also but it takes forever), is that true? Since i still had not ‘maxed-out’ and have about 1.5 years on my H1, my Employer filed a cap-exempt H1 and that got denied very recently. The fact that the specialty occupation RFE has been so widespread and has targeted all kinds of employers and positions is an indication that this issue will likely linger for months or even years. Do NOT write hate speech, swear words, or get into fight. 1) Can i file new application again for same client , same job role and from same emplyoer ? L1B to H1B COS, Well, if there is any positive outcome, you would get the approval notice…You need to check with your employer on this…the AAO things can be really long. I got a Denial information over email, through my lawyers on April 2, 2018. Are there any limitations on the number of times petitions can be filed after denial? Case Was Transferred And A New Office Has Jurisdiction On November 19, 2019, we transferred your Form I-129. Comments are to drive conversation, add your thoughts, experiences, ask questions! Hello Sir, My spouse’s employer applied the extension application (PP) in early september, he was in a project during that time, but later when he got RFE, by the time they responded to the RFE, his project got over. What are challenges I can get from USCIS on my new roles and responsibilities with same employer and client? If my company is not e-verified, could that be the reason for denial? Questions: 1. Thank you for your time. # Reason Description of Reason 1. A) How can i get a copy of H1B Visa Petition Denial Letter by USCIS – Employer Employee Relationship ?? Do we need to leave USA before applying for new h1b ( with same cap)? 1. At a glance In the first quarter of FY 2020, the rate of requests for evidence and petition denials remained high for H-1B petitions, though there was a modest improvement in H-1B approval and RFE rates in comparison to Q1 of FY 2019. I have returned to India . Recently my H1b petition got denied. 1. 2. yes, thats correct. No, there is nothing as such. When i asked my employer to send me a copy of the denial letter he refused. We are trying to pack up as soon as possible but it’s too hard to leave before next weekend. 2) He was in bench when the employer sent the RFE response and could that be the reason which fueled the denial? My H1B got denied yesterday. Is there any chance left now to take it forward. We get information of visa denial on 15th march and my husband left the office with in couple of hours(after doing all formalities). administrator. By chance if it gets denied , can we appeal for that ? – February 2019, went to india, got stamped no issues – March 15, 2019 applied for H1b transfer, and started working for the new employer (consultancy) – July 1st, 2019 (around this date) converted application to premium – Got rfe next day, (rfe date was April 30, 2019 but they didn’t send for some reason) – RFE had intend to deny and asked for Client letter, Previous work details and speciality occupation – July 30, 2019, previous employer revoked h1b – August 22, 2019 RFE submitted – September 4, 2019 transfer denied, for speciality occupation (got the receipt today). How much does it cost to appeal to the denial? 2. The Employer is same in all the above cases. No need to wait. What I am not sure about is: The most recent approved assignment is approved till 30-April-2021 for a location X. 3. Hi Kumar, I will check with the Immigration Attorney on the options available to me. Had valid H1 till July 4th 2019. Consider approaching an immigration attorney for help. 2. How can an employer apply for any type of H1 for me? I saw they failed to provide SOW’s and PO’s but instead they provided contract agreements isn’t that enough? How does that work? I returned to India immediately before even receive the Visa extension. He works from home with a well established company. The reason mentioned was ‘Specialty Occupation’. If we file H1b again through ‘New Employer and for altogether new project’, Do we need visa denial copy ? In 2015, the approval rate following a RFE notice was 83.6 percent. What you can do is apply for COS to B2 now under special situations as you cannot leave the country. IS the Denial notice needed to re apply for cap exempt H!B from outside US with approved I 140?

speciality occupation rfe denial rate

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