H1B visa denial and re-appeal

[vivasvan]

Hi,

A consultancy firm applied for my H1b Visa this year (2009). USCIS has denied the visa showing the reasons like:
1) My manager (CEO of the company) and the person I will work under (From the client company) is different.
2) They questioned in same line about the place of my work.(office of the firm and the client).
3) They have some points regarding wages of previously employed H1bs of the firm.

There's no point however about my qualification and experience (I have a degree from IIT and work at India branch of one US multinational). The company says that they have a number of approvals this year and the particular decision depends on the officer at USCIS to a large extend. They can re-appeal addressing all the concerns mentioned by USCIS.

How much are the chances are that a denial would be converted to approval. Is the USCIS going to be very strict and judgmental about the re-appeal of the denial?. May be it is hard to tell, by I greatly appreciate any help/suggestion...

Regards,
Vivasvan

[Subramanya]

A consultancy firm applied for my H1b Visa this year (2009). USCIS has denied the visa showing the reasons like:
1) My manager (CEO of the company) and the person I will work under (From the client company) is different.
2) They questioned in same line about the place of my work.(office of the firm and the client).
3) They have some points regarding wages of previously employed H1bs of the firm.

There's no point however about my qualification and experience (I have a degree from IIT and work at India branch of one US multinational). The company says that they have a number of approvals this year and the particular decision depends on the officer at USCIS to a large extend. They can re-appeal addressing all the concerns mentioned by USCIS.

How much are the chances are that a denial would be converted to approval. Is the USCIS going to be very strict and judgmental about the re-appeal of the denial?. May be it is hard to tell, by I greatly appreciate any help/suggestion...

---- On the face of it it all boils down to the fact that if the company wants you as a candidate for employment they can fight all these issue and take a legal stance to prove their point. But how they will go about is a matter that the company 's management has to decide

---- Regarding qualifications and experience, has the USCIS written anything about it or are you venting it out for some self defense. In all fairness you have to meet the requirements of a job that the company has asked for and you have to fit that bill by the company standards. All other matters are only points of argument and nothing more

---- Also remember that if there are USC's and LPR's available for the job and if they are not employed by the company and also if they exceeded the number of H1B employees for a company by theri total number of employees, your application will not be reconsidered. Your qualifications, experience and the company's requirement will become and considered to be secondary to such issues

---- Yes, finally, the USCIS is strict these days on a number of grounds and issues despite a number of H1b's being available in terms of numbers even today

Subramanya

[kabkaba]

Consultancies are having a hard time proving that they have a real job in hand. All these RFE's and denials are variation of the same. You can tell them to try an appeal, but don't pay them for that.

[vivasvan]

Thanks Subramanya and Kabkaba..

USCIS hasn't mentioned anything about my qualification or background. It's just that the reasons mentioned for the denial are related to company whereas according to them they have a number of H1b approvals as well for similar jobs.