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H1B Denied - "HR Recruiter"

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  • H1B Denied - "HR Recruiter"

    My company applied for my H1B for the position of HR Recruiter" through their lawyer .

    A few days back the lawyer received an RFE questioning the need for a bachelor's degree for the position . In the response the lawyer
    provided the background of all the recruiters in the company along with other documents .

    The H1B petition was later denied stating that nothing was done to clear the RFE .

    I have a number of question in this regard

    1) If the lawyer re-files an H1B for the same position , what documentation can be provided to strengthen the petition .

    2) If the company changes my role , can the company re-file the H1B petition for a different position .

  • #2
    1) If the lawyer re-files an H1B for the same position , what documentation can be provided to strengthen the petition .
    >>> Documentation to prove that position requires a specialty occupant.

    2) If the company changes my role , can the company re-file the H1B petition for a different position.
    >>> Yes. Provided you have the required skills, qualification and experience.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Evidence that the position requires Bachelor's degree. Just because other employees in that position have Bachelor's degree does not mean the position requires it.
      This is my opinion and not legal advice.

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