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H1B Masters -Appeal/Motion to reconsider

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  • H1B Masters -Appeal/Motion to reconsider

    Hi everyone
    My Case is as follows:
    1.Applied for H1 - Masters quota on April 27th.
    2.Actually recieved degree on may 11th
    3.Got reciept # and RFE
    4.Employer sends degree certificate and transcript to support my application.
    5.H1 rejected as I had not completed masters dgree.
    6.Obtained letters from school stating that
    "I have completed ALL my degree requirements by April 24 and I am waiting to to formally recieve the degree at the cermony on May 11th"
    7.Motion to reconsider sent, waiting for reciept #.

    Couple of questions:

    1.The USCIS has mentioned in the Rejection statement that I can appeal, nowhere "motion to reconsider" was mentioned. The USCIS website also mentions that appeal and motion is different. If so how? In my case can a Motion be filed as opposed to a appeal?

    2.What should be my realistic expectations and time frame for such cases?

    3.Is it a possibility that USCIS replies stating that H1 quota is over hence decision of rejection still stands?

    Can you please help in this matter...I have been trying to make sense out of the whole thing..


  • #2
    Appeal The Denial Of My Petition or Application

    please read Appeal The Denial Of My Petition Or Application? once and you will see difference between applying for motion and appeal and processing time required forms to fill up and fees as well. if you are not finding link then please go to www.uscis.gov and find the text "appeal the denial" or something alike the link

    can you also specify by asking your employer or attorney that why they chose to do motion over appeal?
    Last edited by tech; 07-03-2008, 03:36 AM.


    • #3
      The OP was from 2007!!!

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.