H1-B Denied. Please Help.

S

sa22

New Member
Hello All,

My H1-B application got denied. Here is the situation and back ground info.

I am an export manager for a foreign entity which opened up an office in the U.S. We export various building materials and machinery to oversea. I was hired by this company to handle all export transactions and purchasing. Previously, I held the same occupation and had H1-B with similar company and H1-B has expired more than a year ago. I stayed in my home country for over a year which makes me eligible for another H1-B. I also have a bachelor's degree in Business Administration from an university in the U.S.

Our company have applied for H1-B, but INS claims that Export Manager is not a specialty occupation. Also, they claim that export manager does not require BS degree according to the Handbook from Dept. of Labor and Business Administration degree is not a specialty one.

We have submitted evidences for the above with job evaluation, but they didn't take those into account.

My questions are:

1) Do you think I have a chance to win this case by apealing?
2) My lawyer recommends to apply for E-1 since we have enough export out of U.S. Do you think E-1 is possible although H1-B got denied?

Any comments and suggestions would be appreciated. Thank you.
 
1. It was INS (Nebraska Service Center)

Did not have any problem with LC. Appeal needs to be made to The Administrative Appeal Unit in Washington DC.

There are many cases that manager level with business degree have H1-B approved. I just don't get it.

We recieved RFE from them in December 2003. We subimiited bunch of documents in March 2004 (before deadline listed on INS letter). So, we may have took too long to prepare the documents and this could be a part of problems.
 
I would suggest that in addition to filing the appeal (this can take a year to have reviewed) you simply refile the H-1B application, taking into account the issues raised by the RFE and trying to address them in the second H-1B application. You'll have to disclose that an H-1b was previously filed and denied, but that does not prevent the filing of a second application for the same position. Just strategize how to present the position and the qualifications and requirements better the second time around and hopefully it will be approved.
 
Hi Ginnu,

You know, I am thinking about the same thing. I do have a doubt about the ability of my lawyer. If he thinks he can get enough evidence to win the appeal process, he could have done that in RFE process.

Yes, I will seek for more professional opinion.

Thanks for your comment.


sa22
 
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