catherine878
New Member
I am in California, and my case was sumbitted to the California Service Center.
What is the name of your state? CA
I received a letter from my lawyer last Friday and I learned that my H1B application has been denied. Here is my situation: I work for a software consulting company, therefore our consultants sometime perform work on-site at client's office or in our own office. As a required document, we submitted a detailed itenirary listing all the engagements that I will be participating in, with client's information, dates, and working location. I have three engagements, and for all three of them, I am working in our home office (LOCATION A). The first engagement is for a client located in another city (LOCATION B), and the other two are for our own internal development. Due to some careless oversight, we did not have the working location specified for each engagement. Therefore, the client's address for the first engagement was mistaken for the working location.
Here is an actual excerpt from USCIS's denial notice.
"The Labor Condition Application is valid for beneficiary to work only in LOCATION A. Therefore, the petitioner has not compiled with the preceding regulatory rquirement, since the Labor Condition Application is not valid for LOCATION B, and LOCATION B does not appear to be in the same metropolitan statistical area as LOCATION A.
Furthermore, the USCIS questions that the peitioner has sufficient work at its' location in LOCATION A"
My lawyer suggests that we file for Appeal with these two supporting documents:
1. A letter from my employer stating that I will be working in our office for engagement 1.
2. A letter from our client in engagement 1 stating that I will be working in our office.
Here are my concern and questons:
1. In the USCIS excerpts, is the second paragraph the direct result of the first paragraph? I am not sure if all I need to do is to clarify my working location or if there is something else to it.
2. Based on my description, how good of a chance do I have to still get H1B?
3. Can I switch lawyer now? Is it OK to have one lawyer file my case and another one for filing the appeal?
4. With the H1B quota quickly running out, I am extremely concerned with time. If I file an appeal, how long will it take? If I file a motion to reopen or reconsider, how long will that take?
Thank you all so much for spending the time reading my case. I'd appreciate any advice and suggestions.
Thanks!
CT
What is the name of your state? CA
I received a letter from my lawyer last Friday and I learned that my H1B application has been denied. Here is my situation: I work for a software consulting company, therefore our consultants sometime perform work on-site at client's office or in our own office. As a required document, we submitted a detailed itenirary listing all the engagements that I will be participating in, with client's information, dates, and working location. I have three engagements, and for all three of them, I am working in our home office (LOCATION A). The first engagement is for a client located in another city (LOCATION B), and the other two are for our own internal development. Due to some careless oversight, we did not have the working location specified for each engagement. Therefore, the client's address for the first engagement was mistaken for the working location.
Here is an actual excerpt from USCIS's denial notice.
"The Labor Condition Application is valid for beneficiary to work only in LOCATION A. Therefore, the petitioner has not compiled with the preceding regulatory rquirement, since the Labor Condition Application is not valid for LOCATION B, and LOCATION B does not appear to be in the same metropolitan statistical area as LOCATION A.
Furthermore, the USCIS questions that the peitioner has sufficient work at its' location in LOCATION A"
My lawyer suggests that we file for Appeal with these two supporting documents:
1. A letter from my employer stating that I will be working in our office for engagement 1.
2. A letter from our client in engagement 1 stating that I will be working in our office.
Here are my concern and questons:
1. In the USCIS excerpts, is the second paragraph the direct result of the first paragraph? I am not sure if all I need to do is to clarify my working location or if there is something else to it.
2. Based on my description, how good of a chance do I have to still get H1B?
3. Can I switch lawyer now? Is it OK to have one lawyer file my case and another one for filing the appeal?
4. With the H1B quota quickly running out, I am extremely concerned with time. If I file an appeal, how long will it take? If I file a motion to reopen or reconsider, how long will that take?
Thank you all so much for spending the time reading my case. I'd appreciate any advice and suggestions.
Thanks!
CT