H1B Reject Implications

S

shakercp

Registered Users (C)
Hi,

What are the implications of an H1-B rejection? Does any one have any idea? Since, we are not the direct petitioner but only the beneficiary,
does it have any implications on us? Let us say, the company filed a frivolous petition, or let us say it could not reply to an RFE properly.
Then what?

Thanks,
 
It depends on the reason for the denial

If the denial was because the company did not send required documnents in response to an RFE it will not effect a future petition. But, if the H-1 is denied because you do not have the equivalent of a bachelor\'s degree, that will have an effect on you.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law)
jdmills@justice.com
732-644-5702
 
No Title

Thanks for the reply. I was wanting to know if it would hinder the green card process, whether they ask you if any petition had been rejected during the green card process.

Thanks,
Sekhar
 
Jim Mills , please help!!!1

One of my friend is working in U.S. for 2 years with Employer A(consulting company) and now this employer applied for H1 B extension, got RFE for Equivalent Education and contract and experience. Employer replied back with all the information but INS rejected(02/27/2002) saying that you are a mechanical engineer but you are working in computers.

Strangely enough, Employer B (Who is the middle company and has the direct client)also applied for H1B extension in premium processing and he got approved(02/28/2002) in one week.

Now what are the implications with the Rejected H1B from Company A even though he will start work with Employer B.

Your thoughts are great help.
 
Each petition stands on its own

What probably should have been done, and should be done the next time, is an evaluation based on his education and experience. That may get him to a BS in CS and avoid this problem.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
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