H1-B Denied. NEED HELP ASAP!!!

[ug80]

My company applied for H1 for me as an Database Administrator in July and sometime in September, my lawyer recieved a letter (RFE) from INS stating that they cannot complete the processing of the application. Reason mentioned was the " job duties reported are not specialized and complex that the applicant requires a bechelors degree.", and asked to send him a reply within 12 weeks of period. Me and my lawyer got together and send some documents proving that the job requirements are comlex and specialized, including with some job leads to prove that those job duties we mentioned are complex and require a bechelors degree. Now, i guess it seems that the INS officer didnt buy the stuff we wrote and denied on the same reason. In that letter however, that we wrote, all the job leads said " bachelors degree or equivalent work experince", and my lawyer mentioned it in the letter. The INS office seems like took that and made a different point out of it. Iam attachng some documents if you want to look at it to explain you better.

According to my lawyer, the case have grounds to appeal. There is a deadline for me to appeal. i have few options here:

1. If I dont appeal then my case is basically thrown to grabage. then I can apply for a new H1 from the scratch come April. that being said, I would have to find a company to sponser, and stay in status. You all know the procedure.

2. I can appeal the case. I would have to stay in legal status till I know the result.

My lawyer is really pushing me to appeal for it. Any suggestions?? I mean what different can we do that would make the INS officer understand that the job duties are complex and specialized. Please help.

I have attached some of my documents such as:
1. my company support letter
2. RFE
3. Denial letter

Note that i have edited and sribbled the name of the company and my name for confediantiality purposes. Any help will be really appreciated. Thank you

 

[lookingintoit]

I feel bad saying this but you should have been more careful when submitting the initial requirements.

1.) There are few spelling mistakes
2.) The requirements are way too general (your technical skills specified are way too much for the job). It definetely gives an impression that you are over qualified for the job.
3.) The Response to RFE atleast should have been more technical.

Anyway, personally I don't think you stand any chance if you appeal it.

I am not sure how you would proceed.

Good Luck!