H-1b rejected, any advice?

ridnow

New Member
Hello,

I am a Bulgarian citizen with a Computer Science degree from a prestigious liberal arts college. I graduated in May and am currently working for a marketing consulting company in Connecticut. I applied for H-1b in August through the company's attorney and received a rejection letter just a week ago. The reason stated was that my major did not quite match the job description. In reality, what I do on a daily basis is pure Computer Science work - i.e. database work, programming, scripting, etc. My OPT expires in June 2005. What could I do?

Should I appeal? Are there any advantages or disadvantages to appealing? I was told that it could take a year for the appeal to be processed.

Should I re-apply next year? I was told that even if they accepted me next year I couldn't start before October 1st. Is there any way to extend my OPT status, or to expoit some loop in the system or something.

My employer wants to keep me that's without doubt, so they would fight for me, but what can we do to address this situation?

Thanks a lot guys!!

-- ridnow
 
What job do you do?

If you are doing computer-related work (programming and/or databases) and you have a computer science degree, why did you get rejected? Did the company put a marketing job description.
 
Thanks for inquiring.

I am not quite sure. I think they weren't convinced enough that my job is Computer Science related. Officially, my title is not anything like Programmer or Developer so perhaps they thought CompSci is not applicable or related or something. But in reality, what I do is very Compsci-influenced as a I described in my original post...
 
You should appeal the decision.

I think there is no harm in appealing the decision if you think they have made a mistake in rejecting your petition. If your job is computer-related, then maybe you should put an appropriate Job Title so it does not confuse USCIS. You (or your company) should hire an expert immigration attorney and file a strong appeal, explaining all the facts and providing all necessary documentation.

Hope this helps!!
 
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