MRT/appeal H1B denial


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.



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.



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.


Registered Users (C)
tomes said:
Meanwhile I even had a congress man calling AAO and they told him 12 as well.
I dont know whats happening next but I probably file
for a new one once it is possible.
check also murthy{dot}com forums for helpful infos


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


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!

robindecena said:
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.


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.


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.


We filed H1b Petition 8-04 and later (11-04) used Premium Processing.
Then they were asking for add. evidence to state the need of a B.Sc degree
which my laywer turned in correctly.
The case got denied but it seems obvious that they havent taken
all evidence letters into their decision.
Thus we filed MRT/appeal on 1-3-05.

Now we got written notice with receipt date 1-7 and notice date of 1-18
which states the same as online:


Current Status:

On January 18, 2005, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case.
Is this part of the MRT process or did they already pass it along to AAO
since the officer in Nebraska SC didnt consider a reopening ?

Can someone share experience ? How long will it take ?
Thanks for any help !