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  • H1B denied

    Hi Desiopt users,

    Recently my H1 was denied due to the following RFE, any comment will be greatly appreciated.

    1. Employer-Employee relationship: My employer respond to the RFE that will have project available for beneficiary at office location for the future to establish EE relationship. One of the reason for Daniel that petitioner do not have facility but they did not provide any supporting docs. Is there any other way to show that petitioner will have another project after this job to continue work in USA?

    2. My job is not listed in the Occupational outlook book but the major close category is Medical scientist so USCIS is saying that typically medical scientist require Ph.D qualification and beneficiary do not have sufficient qualification for this job
    Is there any way to show that my job is not medical scientist but the closely related category is medical scientist and my job do not require Ph.D position.

    My employer filed 4 H1 we all got same RFE and employer sent same doc still two h1 got approved and two were denied, how the USCIS assess the case??

  • #2
    There had been recent discussions on H1B denial. It's a good idea to go through all the suggestions, that way the quetion is not duplicated. Please refer these link

    http://forum.desiopt.com/showthread....0167#post10167
    http://forum.desiopt.com/showthread....el-on-OPT-STEM
    http://forum.desiopt.com/showthread....-the-line-here
    http://forum.desiopt.com/showthread....-H1B-is-denied
    http://forum.desiopt.com/entry.php/1...eadline-missed
    http://forum.desiopt.com/showthread....ng-in-Oct-2014
    http://forum.desiopt.com/showthread....=7871#post7871
    http://forum.desiopt.com/showthread.php/1701-H1B-denial
    http://forum.desiopt.com/entry.php/1...H-1B-petitions
    http://forum.desiopt.com/showthread....fit-University

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    Comment


    • #3
      Originally posted by rakesh12 View Post
      Hi Desiopt users,

      Recently my H1 was denied due to the following RFE, any comment will be greatly appreciated.

      1. Employer-Employee relationship: My employer respond to the RFE that will have project available for beneficiary at office location for the future to establish EE relationship. One of the reason for Daniel that petitioner do not have facility but they did not provide any supporting docs. Is there any other way to show that petitioner will have another project after this job to continue work in USA?

      2. My job is not listed in the Occupational outlook book but the major close category is Medical scientist so USCIS is saying that typically medical scientist require Ph.D qualification and beneficiary do not have sufficient qualification for this job
      Is there any way to show that my job is not medical scientist but the closely related category is medical scientist and my job do not require Ph.D position.

      My employer filed 4 H1 we all got same RFE and employer sent same doc still two h1 got approved and two were denied, how the USCIS assess the case??
      It seems your employer and their attorney (if they used an attorney) may not have done a sufficient job in responding to the RFE. Also, cases are assessed differently by different officers at different service centers. You should speak to an attorney about filing a Motion to Re-open before your time runs out.

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