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MRT/appeal H1B denial

Discussion in 'Nebraska Service Center - H-Visa Issues' started by tomes, Jan 27, 2005.

  1. snowshoe

    snowshoe New Member

    Gurus please help me,
    company "A" has applied for my H1B on 7th June at VSC. It is a Bio-IT company. I have done my medicine from India and Clinical Research Professional program from U.S.
    I got an RFE saying that justify that the candidates qualifications matches the position. My position mainly concentrates on biological field. My lawyer says that it is going to be no problem in answering this RFE as he will be able to justify it.But I am not sure if the INS will accept it. I am very tensed at this moment.
    Can anyone tell me if this is going to have any negative effect on the approval. Has anyone faced a similiar RFE.
    Please guide me.

  2. neophyte

    neophyte New Member

    Hi Tomes,
    Have you heard anything from AAO? My case is similar to yours.

    Mine is a new h1b petition filed under premium processing in June 2005. Initially there was a query on the work place and client. A week back I received a message that this case was transferred to Administrative Appeals Office for review. My employer says that this is not a case of denied petition.

    Does't it mean that petitions referred to AAO are rejected cases? How long does it take for AAO to respond on this.

    Appreciate any response on this.

  3. robindecena

    robindecena Registered Users (C)

    Mine is more than 12months now.. and its been a year of frustration on my end.

    It went trough the AAO around April, 2005 and its now near May and yet Im still haven't receive any new about my appeal.
  4. robindecena

    robindecena Registered Users (C)

    Tomes, any chance to share the number of AAO (not the 1-800 Number CS of USCIS) ? mine is more than 12months now pending

    Your response regarding this matter is highly appreciated
  5. robindecena

    robindecena Registered Users (C)

    Its been 15 months now.. still no response nor result from my AAO appeal

    I therefore conclude the 13 months shown on websites as the processing time for AAO this year, Its all WRONG and MISINFORM people!

  6. manreh

    manreh New Member

    New H1B petition. USCIS sent Denial Decision Notice saying that my employer is inelgible and Computer System Administrator position is not a speciality occupation. My employer told that he will file an appeal which in the Attorney's opinion has bleak chance. What shall I do? Can I transfer my case to other company whose documents are OK.
  7. manishas

    manishas New Member

    H1 Denied, option to appeal, whats the success rate for appeal?

    Hi Tomes,
    I read your scenario , although the post is very old, I am in same situation and wanted to know if appealing the case helps? Most of the discussion I read, suggest to apply for new h1 transfer through different company.
    I actually like this current job very much from all aspect and I am not sure if I can get something close to this
    if i start searching all over again so my heart says to wait for the appeal result. Is it possible that I take action after the appeal results come, or I will be out of status immediately after it gets denied?
    Whats the likeliness of success? I got RFE and later on denial on the grounds of:
    1. Whether the offered position qualifies as a specialty occupation.
    2. valid contracts between the client and employer is missing.
    My lawyer claims that he has been getting approval for 13 years on the ground of same documents what were shown for me. So likely is that my application got into really very strict hands.



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