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H1B denial

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  • H1B denial

    H1b Denied
    Background: Applied for H1b Tranfer. Reason, the original company which did my H1b got bankrupt and the ownership/name of the company changed due to which we had to do a H1b Tranfer. The job/position/title when applied for H1b tranfer was exactly same when applied for original comapany(the one which got bankrupt) After 2 RFE i got a denial notice today.

    Reason for denial:
    petitioner didn't submit any evidence to estabish thate beneficiary would wor on specific project or any assignment
    during his tenure with the petitioner.

    The pepitioner didn't provide any further information relating specific duties to the petitioners in house project to establish an employee-employer relationship.

    Not a speciality occupation:
    petitioner didn't provide substantive evidence that the duties of the proferred position incorporated the theoritical and proctical experience of a body of highly specialized knowledge that that require the attainment of bachlor or higher degree.

    1) What do you suggest my attorney should do. The denial notice said we can repeal... Reapeal or should go for MTR ???

    2) In this case who is at fault. Did attorney messed up> i have MS in the field i am applying and the 2-3 yrs of experience. Well i got approved as H1b the first time .. What do you think guys ??? same position-same work profile only company name different .. what went wrong !!!

    3) Since i am denied H1b shall i consider going for H4
    while lawyer is preparing for appeal or MTR .. Will i be out of status...

    By the way the company is not a consulting company

    Any help will be deeply appreciated guys .. this is indeed a gr8 place for people like me who are on mercy of their lawyer with no clue and frustrated to death .


  • #2
    Please share your experience/opinions !!