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  #1 (permalink)  
Old 08-19-2008, 12:11 AM
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Arvin_H1 is on a distinguished road
Angry H1 got denied.. I need help

I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.

I have few questions for the experts here.

1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?

Please let me know.. This is urgent for me right now.

Thank you all.
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  #2 (permalink)  
Old 08-19-2008, 12:23 AM
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Default Why?

Quote:
Originally Posted by Arvin_H1 View Post
I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.

I have few questions for the experts here.

1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?

Please let me know.. This is urgent for me right now.

Thank you all.
Give your full educational background, that may help people to get some ideas. B.S Computer Science 3 years or 4 years.

What made USCIS think that your educational background is not Computer Science? any idea.
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  #3 (permalink)  
Old 08-19-2008, 12:45 AM
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Default Metallurgy

Sorry to hear about this.

This is so ridiculous - I have had friends who had degree in metallurgy and they successfully got their h1 and even green card
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  #4 (permalink)  
Old 08-19-2008, 12:47 AM
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Default

Quote:
Originally Posted by insbaby View Post
Give your full educational background, that may help people to get some ideas. B.S Computer Science 3 years or 4 years.

What made USCIS think that your educational background is not Computer Science? any idea.
I did B.E in Computer Science Engg, 4 yrs Course.

I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".

That's all i know at this moment. I don't know whom to trust at this point.
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  #5 (permalink)  
Old 08-19-2008, 12:54 AM
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Originally Posted by Arvin_H1 View Post
I did B.E in Computer Science Engg, 4 yrs Course.

I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".

That's all i know at this moment. I don't know whom to trust at this point.
When is your current I-94 expiring? If it has already expired, you need to act quick because you will be accruing unlawful presence from the date of denial. You should not have any issue w.r.t your educational background - I have seen people with textile engineering degree got their h1 and green card
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  #6 (permalink)  
Old 08-19-2008, 01:22 AM
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Default

Quote:
Originally Posted by Arvin_H1 View Post
I did B.E in Computer Science Engg, 4 yrs Course.

I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".

That's all i know at this moment. I don't know whom to trust at this point.
There should have been an evaluation of your degree by some "expert" here certifying that your degree is equivalent to a 4-year degree in CS here. I remember my first H1 petition had such an attachment.

Check with your lawyers quickly. Also, do whatever you can to protect your status. If you get some illegal status on your records now, it will be a nightmare when you apply for a GC. Then they will check all your entry/exit dates.
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  #7 (permalink)  
Old 08-19-2008, 01:36 AM
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Default

Also, at this point there are some questions lingering around your 'consulting' agency. I'm pretty sure a 4 yr. degree from an accredited college/university is considered equivalent to BS here. I really have suspicions on the real cause that's being presented to you.
You may want to check if your agency is employing others and if so, get in touch with one of them and gather facts.
I am no expert on saving your status, hence I am not commenting.
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  #8 (permalink)  
Old 08-19-2008, 03:01 AM
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Quote:
Originally Posted by Arvin_H1 View Post
Please let me know.. This is urgent for me right now.
Thank you all.
Hi Arvin_H1,

I have an MS degree in Materials Science & Engg, but work in IT. My 1st H1 transfer was denied, but the 2nd time it was approved with lesser documentation. Although I feel I am qualified in my capacity, of course I am very Thankful & Grateful (for now, I still have a long ways to go ) Go figure, that is USCIS!! PM me if I can try help you further. Don't worry, there is always hope.

wandmaker is absolutely correct, the I-94 date is critical. PM us for further clarification.
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Last edited by cygent; 08-19-2008 at 03:04 AM.
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  #9 (permalink)  
Old 08-19-2008, 03:13 AM
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Default

If you reappeal I think until the decision comes you are okay. But I'm
not sure if you can work. Need to check with an attorney.

If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.

If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.

babu



Quote:
Originally Posted by Arvin_H1 View Post
I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.

I have few questions for the experts here.

1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?

Please let me know.. This is urgent for me right now.

Thank you all.
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I485 approved Aug 2007.
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  #10 (permalink)  
Old 08-19-2008, 04:33 PM
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Default

Quote:
Originally Posted by sbabunle View Post
If you reappeal I think until the decision comes you are okay. But I'm
not sure if you can work. Need to check with an attorney.

If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.

If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.

babu
Thank you all for your advices.

As this is my H1 extension, my credential evaluation done with first H1 process itself. and, my I-94 also expired in Sept'07.

Does anyone know any good attorney that i can contact and take more suggestions on my issue..?
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