H1B petition picked in lottery twice(2014 & 2015) and DENIED twice

[vijayakumardhanasekaran]

Hi Team,

I work in an MNC. I have totally 5.8 years of experience. I was nominated for H1B visa in the year 2014, my petition got picked in lottery and then my employer received two RFE (RFE were regarding client details).
The first and second RFE were responded in a timely manner and then after a month the petition was DENIED.

In my organization they wont share the reason for DENIAL.

Then again in 2015 I was nominated for H1B visa, in the I-129 form I have mentioned the WAC **** * number of 2014 visa and have highlighted that the petition was DENIED. Again the petition got picked in lottery and I received the receipt number. Then after a month I received a RFE regarding CLIENT details. The RFE was responded and then after 2 months of waiting the PETITION IS DENIED.

I am pretty sure that there are no CRIMINAL or FRAUD records on me.

While submitting personal documents, I gave submitted my UG (B.E) and PG(M.Tech) education details. My Employer offered me a PG(M.Tech - 2011 - 2012) course, While working I used to attend weekend classes and I have completed my PG course. But the PG certificates will show that as if I have done the course in REGULAR. I have a mild doubt that whether my education and experience overlaps because of which the Petition is DENIED?

But I got a hint that the DENIAL's are due to BUSINESS DOCUMENTS.

Kindly help me.

1.) Can I ask my Employer the reason for DENIAL and can I ask the EMPLOYER to appeal my petition. If I appeal what are the chances of APPROVAL ?
2.) If my Employer is not ready to appeal, when I can apply for a new H1B.
3.) If I file a new H1B after 3 or 4 years will these previous DENIAL cause an issue in future.
4.) What are my other options to get a VISA to work in UNITED STATES.
5.) If I file a new H1B after 3 or 4 years with a DIFFERENT EMPLOYER AND DIFFERENT CLIENT will the petition be approved ?


Thanks
Vijay

[raghvi]

Hi Team,

I work in an MNC. I have totally 5.8 years of experience. I was nominated for H1B visa in the year 2014, my petition got picked in lottery and then my employer received two RFE (RFE were regarding client details).
The first and second RFE were responded in a timely manner and then after a month the petition was DENIED.

In my organization they wont share the reason for DENIAL.

Then again in 2015 I was nominated for H1B visa, in the I-129 form I have mentioned the WAC **** * number of 2014 visa and have highlighted that the petition was DENIED. Again the petition got picked in lottery and I received the receipt number. Then after a month I received a RFE regarding CLIENT details. The RFE was responded and then after 2 months of waiting the PETITION IS DENIED.

I am pretty sure that there are no CRIMINAL or FRAUD records on me.

While submitting personal documents, I gave submitted my UG (B.E) and PG(M.Tech) education details. My Employer offered me a PG(M.Tech - 2011 - 2012) course, While working I used to attend weekend classes and I have completed my PG course. But the PG certificates will show that as if I have done the course in REGULAR. I have a mild doubt that whether my education and experience overlaps because of which the Petition is DENIED?

But I got a hint that the DENIAL's are due to BUSINESS DOCUMENTS.

Kindly help me.

1.) Can I ask my Employer the reason for DENIAL and can I ask the EMPLOYER to appeal my petition. If I appeal what are the chances of APPROVAL ?
2.) If my Employer is not ready to appeal, when I can apply for a new H1B.
3.) If I file a new H1B after 3 or 4 years will these previous DENIAL cause an issue in future.
4.) What are my other options to get a VISA to work in UNITED STATES.
5.) If I file a new H1B after 3 or 4 years with a DIFFERENT EMPLOYER AND DIFFERENT CLIENT will the petition be approved ?


Thanks
Vijay

1. You can but they are not legally obliged to provide you the reasons. Appealing or not is at the sole discretion of the employer and they will do as per their legal team suggests.
2. Any time when the cap is open. The next cap will open April 2016 with a start date of Oct 2016.
3. Technically it seems your employer's petitions have been denied not your eligibility for H1 unless am missing something.
4. Change employer.
5. Again it depends upon the kind of documentation your employer submits.

Without knowing the USCIS given reason(s) for denial it is pretty difficult to ascertain the root cause. It seems that the employer is not able to provide proof of genuine work for you in the US. I doubt it has to do anything with your educational/experience because if that was the case they would not have processed it the second time.

This is my opinion not legal advice.