Essentially, rejections happen when there is a simple or technical error with your petition. The answer is to simply fix the error and refile. On the other hand, denials happen when the evaluating officer does not believe that your case merits an H-1B transfer or extension.
The H-1B rule allows employees to accept a job offer from another employer in the United States during their stay. However, you cannot start the new employment without first satisfying the labor and immigration requirements through H-1B transfer processing.
Motion to reopen – this is used when new evidence has come to light and you believe that, if the evaluating officer were to reopen your case with this new evidence, a different decision might be made. Motion to reconsider – this is only used if you believe that the evaluating officer was wrong in his or her decision to deny your H-1B transfer.
If you find your H-1B transfer denied after your LCA has been approved, then this may be an issue with how you have maintained your status in the past. This can include violations of immigration or civil law by either you or your employer prior to your H-1B transfer petition. Can I Continue Working after H-1B Transfer Denial?
USCIS can reject your H-1B application for different reasons including issues with fees, documentation, or fraud suspicion. If it is a fee or documentation issue, you should try to reapply and get an H-1B visa appointment again.
With a rejection, the error is merely technical and can usually be corrected. Once corrected, you can refile your application. If your case is denied, however, the officer doesn't believe your case merits the H1B transfer. You will need to follow other routes to work around a denial.
H-1B Transfer Denied: Rejection Reasons and Alternatives. Recently, there has been a steady rise in the rate of denials on H-1B visa transfer petitions. Reports show that, between 2009 and 2017, the denial rate was never more than 6%. But in 2018, it increased to 12%, before rising again to 18% in 2019.
What are the Top Reasons for H-1B Visa Denial?Specialty Occupation Requirements. ... Not Presenting Appropriate Academic Qualifications. ... Third-Party Work-Site. ... Maintenance of Status. ... Employer-Employee Relationship. ... Inadmissibility. ... Prevailing Wage Issues. ... Not Responding to a Request for Evidence Notice.More items...
Can my H1B application be refiled? Yes, if you receive a denial from USCIS for your H1B then your employer can file second 1-129 to ensure all the errors are corrected.
USCIS allows you to stay in the US for 60 days if you lose your job. You can search for a new H1B employer within this time and start your payroll on or before the 60th day to get back to H1B status.
Some years, the number of applications received has been higher than others. For the FY 2021 lottery season, 274,237 petitions were received. Since 65,000 are designated for the visa cap, that's a 23 percent chance of selection.
A Brief History of the H1B Transfer RFE In an H1B Transfer RFE, further information could be requested of the applicant, beneficiary, or even both. At this point, there is roughly a 30% chance that an applicant will receive an RFE document after applying for an H1B Transfer.
What is the probability that the H-1B petition will be approved if selected for an RFE? In 2019 slightly over 60% but fortunately updated data for 2020 shows a slight improvement.
To qualify for an H-1B visa, the employer must demonstrate that the position is a specialty occupation by providing evidence that the job requires the understanding and application of a specialized body of knowledge and normally requires at least a bachelor's degree, or its equivalent, in a particular field.
In an employment-based petition, if the visa petitioner is a corporation, then the lawsuit may be filed in the state where the corporation has its primary place of business.
Once all the preliminary issues have been resolved, in order to file an APA lawsuit, the attorney has to prepare the complaint. Generally speaking, there are 2 ways of doing it:
It’s a more conservative strategy because it doesn’t commit the plaintiff to any particular theory until the government files the administrative record.
The judge’s decision in the plaintiff’s favor normally means simply that the denial has been vacated. Theoretically, the agency could at that point re-adjudicate the petition and simply deny it again on another ground. However, this writer is not aware of any APA cases in which this occurred.
Once the defendants are served, they have 60 days to file an answer. As this deadline approaches, the plaintiff’s counsel can expect a call from an Assistant US Attorney requesting additional time to file an answer.
What is more, the AAO will frequently affirm the denial of a petition for additional reasons not even mentioned in the initial denial.
Unfortunately, a new petition is probably not going to help if the reason for the previous denial will also be applicable to a new petition, or, in case of a nonimmigrant petition, the beneficiary has already lost his status.
If your transfer petition was denied because of improper documentation or a payment problem, you may be able to refile and seek appro val provided that the mistake has been fixed. If your employer will not file another petition on your behalf, you may want to consider seeking an employer who will file.
On the other hand, denials happen when the evaluating officer does not believe that your case merits an H-1B transfer or extension. To fix a denial, you will need to either solve the issue that caused the denial, a petition with a different employer or file a motion to reopen or reconsider.
After getting LCA authorization, the employer should submit an I-129 to the USCIS. Once the USCIS receives the petition, a receipt number will be sent to both the employer and employee. After receiving the number, the employee can start working for the new employer.
This form is to verify the identity and employment authorization of persons hired in the U.S.
The process of submitting the documents may take about 10 days. After submitting all necessary documents and paying the required fees, wait for a response from USCIS.
Firstly, it is important to note that the basic filing fee for the I-129 petition has increased from $325 to $460. Any transfer petition filed after December 23, 2016, without sufficient payment will be denied.
after your departure date, you will be at a serious risk of being considered “out of status”, which could result in you being barred from further entry into the U.S.
If your petition for a new H1B visa (or transfer) has been denied there are specific steps that you can take to appeal. Basically, an appeal is a review of the original decision and supporting documentation, and you have the right to question the original decision. So many applications are received that if you think the denial was incorrect you should pursue an appeal at some level.
This can take from 3 to 6 months, so if the denial was for an H1B transfer you should keep your original job until you know the outcome of your appeal. This is one good reason not to tell your current employer about plans to take a new job and transfer the H1B visa. The AAO will either agree with your appeal and change the decision or disagree ...
An appeal to the AAO may be based solely on the original petition and documentation, showing that it was within the H1B visa guidelines and rules. If you have new facts or documents you can include them to support your arguments. Your appeal should address the exact issue and reason for denial, such as failing to show the new job as ...
Your denial notice will tell you where to file the appeal. You should file your appeal within 30 days of the original decision, so don’t wait too long to act. Similar time limits apply if you want to make a motion for reconsideration to the office that sent the denial.
If you are disagreeing with the denial based on the visa rules, you should include an explanation of why you think the denial was in error. This can be submitted in the form of a brief. A motion for reconsideration should state some new facts or add documentation that supports the motion, otherwise there wont be any basis for reversing the decision.
An attorney will charge you a fee for their services, but if you think the denial was in error then that may be worth the cost of professional assistance. If you want to appeal a H1B visa petition and have questions about the process, please contact us at any time.
The AAO will either agree with your appeal and change the decision or disagree and affirm the denial. They may send it back to the original office for review as well.
One of the major factors behind your H1B petition getting rejected is that your employer you have filed your H1B is not a registered US working company.
One of the rare cases of H1B petition rejection reason is you are unallowable to work with others which means if you belong to any containment zone or say infected area which can be spread to others, mental health problem which may threat to others or have any background with drug abuse or trafficking.
If your employer fails to respond with in the time limit or the deadline your H1B application will be rejected.
If you have any mistakes in your H1B application form or the immigration officer needs any further documents of prove to cross check your application, the Required for evidence notice is been served to give a fair chance to applicant with a deadline.
If you have ever violated the immigration law or found with any forge immigration documents in past then also your H1B application gets rejected.
If the employer does not seem to hire or say sponsor your H1B then also it gets rejected by USCIS.
When your employer demands your specialization in the particular field of occupation, it has to be shown to USCIS that your educational background is closely relevant to the job description.