H1-B Denied. NEED HELP ASAP!!!

U

ug80

Registered Users (C)
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
 
Consulting business

I believe INS doesn't like IT consulting related h1b. Some small consulting firms apply h1b for foreigners and then send them to clients. There is a lot disputes on such kind of H1b. INS has been against that for a couple of years. But don't worry too much if the company and the position is real. If your attorney think appeal is a good option, then go ahead to do it. Above is my opinion.
 
Dude...Sorry to not give you a positive response

The reason for the denial is quite obvious...The company was established in 2005 and the company currently employs 1 individual.

The company talks about its services...but with one employee..it certainly doesnt seem a genuine H1B petition.
 
I believe that USCIS denied the application just because, the original
petition did NOT say any specific skills of the beneficiary NOR the specific
skills required for the job.

USCIS clearly looks - these days - for technologies and NOT high level
terminlogies like, Virus detection & cleaning OR SQL operation OR router installation/configuration etc.

Probably rephrasing the requirement & resubmitting the petition may help.

Good luck.
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