Weird situation

L

lucky1

Registered Users (C)
Hi All,
I have the weirdest situation regarding H1 approval. I did my Masters here in USA, and I worked for two companies since last three years. Seven months ago I moved down South and started to work for one of the biggest companies. This company has applied for my H1 transfer, today they got the denial notice stating that my degree here does not match my work , and I have to quit to work right away.

What is my status now, is there an appeal on this?? Earlier too when I filed for my First H1, there was RFE to validate my work with my degree, I submitted the relevant papers what my courses are and how they are relevant with my duties at work(it happened in INS Nebraska)

I submitted the same papers here in Texas service centre and this is what the situation is.
 
Nothing wierd about it

Either INS screwed up shen they approved your H-1 the last time or the attorney did not do a very good job of proving that the degree was related to the position. Your petition has been denied and you will need to discuss your options with the company and the attorney handling your case. The short answer is that you need to do something quickly or you need to leave the US.

Jim

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

I am sorry that I am not answering your question, but in turn I
need some help form you Sir, because I am right now in the
same situation, which you faced earlier, so thought that you
might be the best person to answer it, thanks anyways in
advance.

I am a recent Master\'s college graduate and right now I am on
my OPT , my LCA(Labor Condition Application) was approved.
But when my employer filed for H-1 visa, the INS(Nebraska) has
asked my employer to provide further evidence, showing that my
job requires a Masters Degree. What documents should my
employer provide to make my case more stronger?
 
No Title

I had to prove how my each course taken in my graduation program support my job. After 911 they have become more strict in F1 to H1 visa and I am one of them. Sorry this happened to you
 
No Title

Thanks lucky1, my Master\'s degree is in Computer Science and my job title is "Tech support specialist" for database development team.

Thanks
roger9278
 
Roger, INS is questioning that the position really requires a person with a Bachelors degree

"tech Support Specialist" sounds like a hardware maintenance position that does not require a bachelors degree as a minimum requirement for entry (It may not be but that\'s what the job title sounds like to INS and that\'s what they\'re questioning). If the company has 18 people (for example) with that job title and all of them have bachelors degrees then all that will be necessary is to show this to INS, but if half of the people with that job don\'t have bachelors degrees then it won\'t be possible to convince INS that the position requires a bachelors degree (since obviously it is not). This is a denial waiting to happe if the response is not adequate.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
INS is questioning that the position really requires a person with a Degree

Thanks Jim for the information. Let me clarify some information
here. I have a Masters Degree in Computer Science and
Bachelors Degree in Mechanical Engineering. The INS had
questioned if my job requires a Masters Degree.

Our Tech Department consists of 5 people, all of them have a
Masters Degree and their titles are Database Developers.

Ours is a healthcare industry with branches located all across
America, and I act as a Technical support person for all these
branches.

Also I work closely with Database developers to coordinate
multiple software installations, creating backup files, configure
network computers and printers, conduct Quality Analysis testing
on all newly developed applications and documenting users
manuals.

So kindly tell me what is the best way to respond to my
RFE.Thankyou very much...
 
F! to H! conversion.....

Hi all,
       I am on a F1-visa extension(EA card) which expires on the 21st of May. I have the following questions.

1 How long will it take to get the H1 visa, if I start the process immediately ?

2 What will happen if the H1 processing starts but my F1 (EAD) visa expires ?

Thanks in advance,

Sandy.
 
No Title

I suggest, apply for H1 in premium processing method by which u get H1 approved in max of 15 days.

roger9278
 
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