H1 extension denied. please help!!

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Hi Everybody

My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal

My company said there are 2 options

1) file an appeal. they are pretty confident that the appeal will be in my favor

2) have another company file a new h1.

what do you guys suggest? Can i do both simultaneously?

Help will be greatly appreciated. I have never had visa issues till now.

thanks in advance

Hi Everybody

My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal

My company said there are 2 options

1) file an appeal. they are pretty confident that the appeal will be in my favor

2) have another company file a new h1.

what do you guys suggest? Can i do both simultaneously?

Help will be greatly appreciated. I have never had visa issues till now.

i did file this in the h1 thread. hoping some attorney might shed some light on this for me


thanks in advance

[vikki76]

This is first one I am hearing. If your occupation was anywhere in IT (QA, Programmer, Web Developer, DBA, ERP (SAP/Oracle financials), semiconductor etc),,it should have gone through

[sid_das]

yes, i am in IT , data warehousing .. i dont know why it didnt go through. any idea if i can file a new H1 while appealing the denial? thanks

[starscream]

Sid,

I am sorry to hear about this.
- What was the RFE about?
- Are you employed by a consultant or employed full-time at a company's location?
- Did your employer have any profit isseus / layoffs reecently?
- Is your employer TARP funded?
- Do you have your EAD?

I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.

Originally Posted by sid_das

Hi Everybody

My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal

My company said there are 2 options

1) file an appeal. they are pretty confident that the appeal will be in my favor

2) have another company file a new h1.

what do you guys suggest? Can i do both simultaneously?

Help will be greatly appreciated. I have never had visa issues till now.

thanks in advance

[sid_das]

hey starscream

- What was the RFE about?

In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.


- Are you employed by a consultant or employed full-time at a company's location?

I am employed by a desi consulting company.. and i have been in a job continously since jan 2006

- Did your employer have any profit isseus / layoffs reecently?
No

- Is your employer TARP funded?
No
- Do you have your EAD?
No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.

Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...

its driving me crazy....

[sid_das]

sorry didnt see the last 2 lines of your post starscream....

i will talk to some lawyers and hopefully get some answers.

my company said the appeal will take atleast 6-7 months nowadays...

i can work till then without issues.