H1B Denied - Best options

[skbasha81]

Hi All,

My H1B for 2014 got denied as there were documentation error and I am on my L1B visa which got expired on April 2013, but I94 is valid till Nov 2015. H1B denial reason was "preferred position does not require specialty Occupation Worker. SOW submitted by Employer does not identify the beneficiary as required for this particular assignment".

Let me know the best possible option which I could prefer

1) My employer suggests me to appeal H1B denial with the client letter and latest SoW. This process would take 5 to 6 months time period. I want to know the success rate of appealing an H1 denial. Is that a feasible solution? Will there be any impacts in my any further USCIS processing because of this appeal.
2) I can wait until april 2014 to apply H1 for year 2015. Will there be any impacts on due to my H1B denial.
3) My company could initiate a green card processing for this year. Whether there will any impact on the Green Card processing due to my H1B denial. I want to know whether GC processing can be initiate first of all. If I apply for GC processing what should I do after Nov 2015. As I less knowledgable on GC processing, let me know what options are left out.

Appreciate your earlier response on my case and let me know if you have any other options.

[bob140032]

Need your suggestion.

Hi All,

My H1B for 2014 got denied as there were documentation error and I am on my L1B visa which got expired on April 2013, but I94 is valid till Nov 2015. H1B denial reason was "preferred position does not require specialty Occupation Worker. SOW submitted by Employer does not identify the beneficiary as required for this particular assignment".

Let me know the best possible option which I could prefer

1) My employer suggests me to appeal H1B denial with the client letter and latest SoW. This process would take 5 to 6 months time period. I want to know the success rate of appealing an H1 denial. Is that a feasible solution? Will there be any impacts in my any further USCIS processing because of this appeal.
2) I can wait until april 2014 to apply H1 for year 2015. Will there be any impacts on due to my H1B denial.
3) My company could initiate a green card processing for this year. Whether there will any impact on the Green Card processing due to my H1B denial. I want to know whether GC processing can be initiate first of all. If I apply for GC processing what should I do after Nov 2015. As I less knowledgable on GC processing, let me know what options are left out.

Appreciate your earlier response on my case and let me know if you have any other options.

Hi,"
I am also going through similar situation. I got a REF because "preferred position does not require specialty Occupation Worker." My company is willing to file green card If H1B got rejected after REF. What do you think is the best option,
1) Withdraw pending application when USCIS is asking for REF?
OR
2) Reply the REF first, file GC If H1B got rejected after REF?
3) What are the impacts on GC, if previous h1b was denied.
4) How did you lawyer handle your situation?

I will appreciate your help!

Thanks,