I have a M.Sc degree in chemistry (equivlent to US Bachelors) + 6yrs exp as programmer + 1 year of computer course. I am currently working on H1B as a computer programmer. I got a new job and applied for H1 transfer. But, INS denied the application stating that I do not have a computer science degree !!!!. Does one need computer science degree to work as a programmer ? I have a previously approved H1, so, how can they deny it now ? The job description simply states that the job requires a bachelor's degree. It does not ask for computer science degree in particular. Moreover, I have over 6 of yrs programming experience. Please suggest what do I do ? Can I appeal ?
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H1 transfer denied !!!!
- Thread starter MKKUMAR
- Start date
MKKUMAR
Did they sent RFE before denial? You dont necessarily need computer science to do programming.
Please post more details about your case..... If you received RFE what details/evidences they requested.
I know these days CSC is sending lots of RFE on H1b extension.
Did they sent RFE before denial? You dont necessarily need computer science to do programming.
Please post more details about your case..... If you received RFE what details/evidences they requested.
I know these days CSC is sending lots of RFE on H1b extension.
H1 transfer denied
I MA REMOVING MYEARLIER MESSAGE TO POST THE CONVERSATION PEOPLE HAD REGARDING H1B DENIAL, AND I HOPE IT WOULD BE USEFUL FOR SOMEONE HOW IS IN THE SAME SHOES:
MurthyDotCom : MurthyChat - November 27, 2000
aish : My prospective employer has just filed for the H1B. Can i become a employee even before the H1 is apporved as per the new law. Is the new law effective??
SPEAKER_Attorney_Murthy : The new law is effective if you are in valid legal status on H1B and you timely filed a non frivolous H1B application with another employer. Then you may start working but if the H1B is denied, then you would be required to stop working under the new law.
MurthyDotCom : MurthyChat - July 23, 2001
romibhatia : If a startup company has a signed contract from a client for a person with an existing H1 from a different company. Is it possible to transfer his H1 from his company to our startup company?
SPEAKER_Attorney_Murthy : Yes, it is possible and the person is allowed to start working while the H1B petition is pending with the INS for your start up company, subject to the caveat that the person should stop working if the H1B petition is denied by the INS.
May 24, 2004Chat User : I am on H-1 and planning to do an H-1 transfer. If anything happens to the H-1 transfer, is my old H-1 still valid, and can I still work on the old H-1?
Attorney Murthy : Generally, the prior H1B is still valid unless the USCIS determines that the person is no longer maintaining valid H1B status with the prior employer for failing to work and obtain the required salary to maintain valid H1B status. In that case, the person may be required to travel abroad and reenter the U.S. to get back into legal status if there has been a gap in salary or work history. If the problem is either with the new job or the new employer's financial ability, etc, then the prior H1B remains valid until its validity date.
Chat User : My H-1 Petition filed under premium processing was rejected. Employer filed appeal on this. How long will it take for response from INS in this case?
Attorney Murthy : After an INS denial of an H1B petition, the appeal can take at least a year and the person is not considered to be in valid legal status while the appeal is pending. So there is a risk involved with the appeal. We have been hearing that PPP cases are likely being denied or subject to greater scrutiny by the INS. Better to file a clean, new case with the required evidence which has a better chance of getting approved earlier than the appeal.
Chat User : My H-1 Petition filed under premium processing was rejected. Employer filed appeal on this. How long will it take for response from INS in this case?
Attorney Murthy : After an INS denial of an H1B petition, the appeal can take at least a year and the person is not considered to be in valid legal status while the appeal is pending. So there is a risk involved with the appeal. We have been hearing that PPP cases are likely being denied or subject to greater scrutiny by the INS. Better to file a clean, new case with the required evidence which has a better chance of getting approved earlier than the appeal.
Chat : September 08, 2003
Chat User : If an H1B transfer is denied, does the original H1B also get cancelled?
Attorney Murthy : The original H1B petition should still be valid as long as the original employer does not revoke or withdraw or cancel the original H1B petition approval. However, sometimes there are financial considerations for the original H1B employer since there may be wage obligations for which they may be liable in the interim, so, from an employer's point of view, it may sometimes make sense to cancel the H1B and file a new H1B petition.
Chat : June 02, 2003
Chat User : I officially worked for a new company on May 31, 2003. Does it mean my H1B from the old employer was terminated on the same day too?
Attorney Murthy : The earlier H1B does not get terminated merely by working with a new employer. In fact, the DOL requires the prior employer to notify the BCIS to revoke the earlier approval. Only upon filing the new H1B petition with a new employer may a person legally start working with the new employer. It is possible for a person to return to the prior employer if, for example, the new H1B petition is denied by the BCIS and if the prior employer has not yet revoked or withdrawn its prior H1B petition approval. This is based on Guidance Memos and letters from the person in charge of the BCIS' Business and Trade Services.
I MA REMOVING MYEARLIER MESSAGE TO POST THE CONVERSATION PEOPLE HAD REGARDING H1B DENIAL, AND I HOPE IT WOULD BE USEFUL FOR SOMEONE HOW IS IN THE SAME SHOES:
MurthyDotCom : MurthyChat - November 27, 2000
aish : My prospective employer has just filed for the H1B. Can i become a employee even before the H1 is apporved as per the new law. Is the new law effective??
SPEAKER_Attorney_Murthy : The new law is effective if you are in valid legal status on H1B and you timely filed a non frivolous H1B application with another employer. Then you may start working but if the H1B is denied, then you would be required to stop working under the new law.
MurthyDotCom : MurthyChat - July 23, 2001
romibhatia : If a startup company has a signed contract from a client for a person with an existing H1 from a different company. Is it possible to transfer his H1 from his company to our startup company?
SPEAKER_Attorney_Murthy : Yes, it is possible and the person is allowed to start working while the H1B petition is pending with the INS for your start up company, subject to the caveat that the person should stop working if the H1B petition is denied by the INS.
May 24, 2004Chat User : I am on H-1 and planning to do an H-1 transfer. If anything happens to the H-1 transfer, is my old H-1 still valid, and can I still work on the old H-1?
Attorney Murthy : Generally, the prior H1B is still valid unless the USCIS determines that the person is no longer maintaining valid H1B status with the prior employer for failing to work and obtain the required salary to maintain valid H1B status. In that case, the person may be required to travel abroad and reenter the U.S. to get back into legal status if there has been a gap in salary or work history. If the problem is either with the new job or the new employer's financial ability, etc, then the prior H1B remains valid until its validity date.
Chat User : My H-1 Petition filed under premium processing was rejected. Employer filed appeal on this. How long will it take for response from INS in this case?
Attorney Murthy : After an INS denial of an H1B petition, the appeal can take at least a year and the person is not considered to be in valid legal status while the appeal is pending. So there is a risk involved with the appeal. We have been hearing that PPP cases are likely being denied or subject to greater scrutiny by the INS. Better to file a clean, new case with the required evidence which has a better chance of getting approved earlier than the appeal.
Chat User : My H-1 Petition filed under premium processing was rejected. Employer filed appeal on this. How long will it take for response from INS in this case?
Attorney Murthy : After an INS denial of an H1B petition, the appeal can take at least a year and the person is not considered to be in valid legal status while the appeal is pending. So there is a risk involved with the appeal. We have been hearing that PPP cases are likely being denied or subject to greater scrutiny by the INS. Better to file a clean, new case with the required evidence which has a better chance of getting approved earlier than the appeal.
Chat : September 08, 2003
Chat User : If an H1B transfer is denied, does the original H1B also get cancelled?
Attorney Murthy : The original H1B petition should still be valid as long as the original employer does not revoke or withdraw or cancel the original H1B petition approval. However, sometimes there are financial considerations for the original H1B employer since there may be wage obligations for which they may be liable in the interim, so, from an employer's point of view, it may sometimes make sense to cancel the H1B and file a new H1B petition.
Chat : June 02, 2003
Chat User : I officially worked for a new company on May 31, 2003. Does it mean my H1B from the old employer was terminated on the same day too?
Attorney Murthy : The earlier H1B does not get terminated merely by working with a new employer. In fact, the DOL requires the prior employer to notify the BCIS to revoke the earlier approval. Only upon filing the new H1B petition with a new employer may a person legally start working with the new employer. It is possible for a person to return to the prior employer if, for example, the new H1B petition is denied by the BCIS and if the prior employer has not yet revoked or withdrawn its prior H1B petition approval. This is based on Guidance Memos and letters from the person in charge of the BCIS' Business and Trade Services.
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