If the initial petition did not reflect the “highly skilled” H1-B beneficiary’s ability to perform the specialty occupation, he would be denied the visa. 3. The specialty occupation issue is not new. Thanks, Kumar ! Yes, you can do that. You will not be cap exempt as you got denial. Can I reapply H1B for same client for same position? 2) Is reopening and refiling both same ? Sid, If it was amendment, only the amendment would be denied technically….then your previous ones will be valid as they have same working conditions and your location, job duties did not change. Appreciate your time to resolve everyone’s queries. Many of these denials were related to lack of proof for specialty occupations. 2. But, the quota is already over for the year. Sam, We do not know the full details of the case, but it is very less cases they give 2nd RFE…As per the rules, it is up to the employer to ensure that these documents are submitted to ensure right of control, etc. 2) He was in bench when the employer sent the RFE response and could that be the reason which fueled the denial? If my company is not e-verified, could that be the reason for denial? Are there any limitations on the number of times petitions can be filed after denial? An Expert Opinion Letter was also submitted with the RFE response. © Copyright RedBus2US, All Rights Reserved. Extension was filed on August 29, 2019 and got RFE on Feb 28, 2020 for Specialty Occupation and Availability of Work. No need. # Reason Description of Reason 1. I have just spent 1.5 yrs of my H1B, so I will be cap exempt right? You could have done that before the I-94 expiration. However, since I have an approved I797 till end of April, 2021 and approved I-94 till 10-May-2021 with the same Employer for whom my latest Client change/ location petition got denied am I now “out of status” on H1B and in “Loss of Work Authorization” where in my Employer can put me on “Loss of Pay” in the US? Below is a list of the top reasons, in order from most to least common, that RFEs were issued in fiscal year (FY) 2018 for H-1B petitions. What are all the possibilities to get it approved? Many of you may be curious to know, how that may look like and the wording that USCIS uses for the same. How can an employer apply for any type of H1 for me? In this scenario, What made USCIS to directly to deny the petition instead of raising a 2nd RFE?? My h1 denied on April 13th, Today the date is April 17th still didn’t get the notice from USCIS… I’m wondering how long does it take to get the documents from USCIS.. L-1 petitions filed at USCIS Service Centers saw a drop in approvals, as RFEs increased 5.5% over Q1 of FY 2019. Everything depends on the job role. USCIS is issuing more H1B RFEs than ever asking for proof of “Specialty Occupation” as per the latest data shared on Feb 22, 2019. Since I don’t know which consultancy can do it.. can you help to refer some. Hi Kumar, I had approved I-797 till end of July, 2021 (I-94 till 08-Aug-2021) for Client A, Location B. Your attorney would be the best person to know this. Is there any chance left now to take it forward. What are the chances for L1A approval after H1B is getting rejected. Check H1B recapture Rule. 2. Do NOT write hate speech, swear words, or get into fight. You are in period of authorised stay. What should we do in that case? By chance if it gets denied , can we appeal for that ? Can I now go back to work in Location C, if an opportunity is there ? My question is: 1) Could WFH impacted the denial decision? 2. Yes, MTR is just waste of time… 3. 1 Yes, they can. Maintain etiquette. The Employer is same in all the above cases. Now my question is, 1. I do not have denial notice from my previous employer and new employer wishes to file h1b cap exempt with approved i 140 from previous employer. You should work with your attorney and make sure LCA and all are valid. – 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). Being ready for a specialty occupation RFE and having a strategy on how you will tackle it could make all the difference. You can only apply next year for FY 2021 quota. But, if it is fresh application and never been to US, you may not be as you are not cap exempt. Now (in 2019), can i reapply with other sponsor with a new client letter? An RFE was received to prove that this is a specialty occupation to which we responded. 1. 1. My h1b visa extension got denied in January 2018 and also i94 expired.
Begonia Maculata Propagation, Zone 8 Annuals, Policenauts Ps1 English, Verb Translate Afrikaans, Fender Cd60sce Vs Yamaha Fgx800c, Colleges Near Southampton, Zinc Hydrochloric Acid Lab, The Face Shop Body Wash,