H1B Denied - Can we appel, what is the success rate? Will there be impact in future processing

[khadarnawaz]

Hi

My H1B for 2014 got denied as there were documentation error and I am on my L1B visa which got expired on April 2013, but I94 is valid till Nov 2015. H1B denial reason was "preferred position does not require specialty Occupation Worker. SOW submitted by Employer does not identify the beneficiary as required for this particular assignment".

Let me know the best possible option which I could prefer

1) My employer suggests me to appeal H1B denial with the client letter and latest SoW. This process would take 5 to 6 months time period. I want to know the success rate of appealing an H1 denial. Is that a feasible solution? Will there be any impacts in my any further USCIS processing because of this appeal.

2) I can wait until april 2014 to apply H1 for year 2015. Will there be any impacts on due to my H1B denial.

3) I could initiate a green card processing for this year. Whether there will any impact on the Green Card processing due to my H1B denial. I want to know whether GC processing can be initate first of all. If I apply for GC processing what should I do after Nov 2015. As I less knowledgable on GC processing, let me know what options are left out.

Appreciate your earlier response on my case and let me know if you have any other options.

 

[del0175]

1. Your case is very weak and that is why it got denied. By appealing you are telling USCIS that they made a mistake and it seems that they didn't.
2. Yes, your paperwork from this appeal will be available to the next agent who reviews your petition in the future. However, if the next employer has a position for which a specialty occupation worker is needed and you are the one with those qualifications, you may be approved.
3. What makes you think that the USCIS will approve you for a GC if it would not approve you for a temporary visa? A green card is approved only when the USCIS is convinced that your permanent stay in the United States is needed for a job for which no other legal US residents can be found.

By the way, you are already out of status in the US and cannot stay here any longer. You should leave immediately because otherwise you may not be approved for any visas in the future as you will be considered high risk as far as overstay is concerned.