H1B Application- Appeal Denial

[michellz2000]

New York

Dear attorneys,

I have a very tough situation right now. My company just received the denial notice of my H1B application this week. Although my boss and I think it is unfair for USCIS to make such decision, we don't know what we can do to change the decision.

I work for a web site company which has ten-year-history and about 100 employee. All of the employee are citizens expect me and another colleague. I am in online advertising operation department and my major is convergence with concentration on strategic communication.

My company sponsored my H1B application this year, and the lawyer submitted the H1B application On April 1, 2008. We upgraded it to premium processing at the end of September because my OPT expired on Oct.1. However, USCIS sent an notice for additional evidence on Oct.10, 2008.

It has four requirements:

• Submit a breakdown of the number of hours devoted to each of the beneficiary's proposed job duties on a weekly basis.
  
• The evidence submitted does not establish that the job offered requires the services of a person performing a "speciality occupation." i.e., the holder of at least a baccalaureate degree in a related field. Please submit evidence showing that in your company or among similarly situated companies in your industry, a baccalaureate degree in a specific field of study is a standard minimum requirement for the job offered.
  
• How many other individuals do you employ in similar positions? Of these, how many hold at least a baccalaureate degree/ In what field of study?
  
• Please submit additional evidence that clearly shows the beneficiary qualifies for a "specialty occupation." Evidence must show how the beneficiary's degree(s) in journalism or strategic communication qualify her for the proffered position as an account analyst performing the duties indicated above. Since it is not evident how the degrees are in a directly related field submit a statement detailing how the degree relates.

My company was very upset at that time so they hired a new lawyer with 20 year-experience in immigration law to deal with it. He told us that he was pretty confident about the result. He even asked a professor to analyze my transcript and match my courses to the job description. I also provided my master's thesis in online user engagement and one part of my research project for young adults' online habits. However, we still received the denial notice on Wednesday, Oct.29, 2008. The lawyer said that USCIS apparently made a mistake in making this decision and suggested the company to appeal. The management team in my company didn't pay attention to my H1B application, because both they and I thought that this was a piece of case. They became to be upset when they got the denial notice and started discussing the possible solution to get the working visa for me. They are willing to provide additional information if necessary, but they don't know what to do next. Is there any new material to submit and what kind of evidence they need to provide? For me, I have a classmate who has a similar position as I do. She got the H1B approval in June.

My position is Account analyst. The lawyer used this real title to file the application. As for the denial, USCIS doesn't agree that this position needs a bachelor degree. They also believe that any people with a bit online advertising experience can take this position. What is more, they only saw Journalism major in my diploma, not Marketing of Converged Media or strategic communication. However, it is our school's tradition to use the diploma of Journalism for all of the majors in our schools. The Missouri School of Journalism has 7 majors: Convergence, Radio-Television, Journalism Studies, Magazine Journalism, Newspaper Journalism, Strategic Communication. The Master's Program Handbook clearly stated the programs we have. I also think that it is common for universities to use a general major category on diplomas in this country.

I would be greatly appreciated if you have any suggestions or give me valuable information of good attorneys who have extensive experience in the field and can guarantee the approval. My email is [email protected]. Please feel free to contact me if you have any additional questions. Thanks. What is the name of your state (only U.S. law)?

 

[candg918]

No attorney can guarantee approval of your petition. If they do, you should be wary of them.

 

[freeAdv]

H1 Denied, option to appeal, whats the success rate for appeal?

Hi Michelle,
I read your scenario , although the post is very old, I am in same situation and wanted to know if appealing the case helps? Most of the discussion I read, suggest to apply for new h1 transfer through different company.
I actually like this current job very much from all aspect and I am not sure if I can get something close to this
if i start searching all over again so my heart says to wait for the appeal result. Is it possible that I take action after the appeal results come, or I will be out of status immediately after it gets denied?
Whats the likeliness of success? I got RFE and later on denial on the grounds of:
1. Whether the offered position qualifies as a specialty occupation.
2. valid contracts between the client and employer is missing.
My lawyer claims that he has been getting approval for 13 years on the ground of same documents what were shown for me. So likely is that my application got into really very strict hands.
If you can share what happened to your case? Did you file an appeal and if yes what was the reply?

Regards,
S

New York

Dear attorneys,

I have a very tough situation right now. My company just received the denial notice of my H1B application this week. Although my boss and I think it is unfair for USCIS to make such decision, we don't know what we can do to change the decision.

I work for a web site company which has ten-year-history and about 100 employee. All of the employee are citizens expect me and another colleague. I am in online advertising operation department and my major is convergence with concentration on strategic communication.

My company sponsored my H1B application this year, and the lawyer submitted the H1B application On April 1, 2008. We upgraded it to premium processing at the end of September because my OPT expired on Oct.1. However, USCIS sent an notice for additional evidence on Oct.10, 2008.

It has four requirements:

• Submit a breakdown of the number of hours devoted to each of the beneficiary's proposed job duties on a weekly basis.
  
• The evidence submitted does not establish that the job offered requires the services of a person performing a "speciality occupation." i.e., the holder of at least a baccalaureate degree in a related field. Please submit evidence showing that in your company or among similarly situated companies in your industry, a baccalaureate degree in a specific field of study is a standard minimum requirement for the job offered.
  
• How many other individuals do you employ in similar positions? Of these, how many hold at least a baccalaureate degree/ In what field of study?
  
• Please submit additional evidence that clearly shows the beneficiary qualifies for a "specialty occupation." Evidence must show how the beneficiary's degree(s) in journalism or strategic communication qualify her for the proffered position as an account analyst performing the duties indicated above. Since it is not evident how the degrees are in a directly related field submit a statement detailing how the degree relates.

My company was very upset at that time so they hired a new lawyer with 20 year-experience in immigration law to deal with it. He told us that he was pretty confident about the result. He even asked a professor to analyze my transcript and match my courses to the job description. I also provided my master's thesis in online user engagement and one part of my research project for young adults' online habits. However, we still received the denial notice on Wednesday, Oct.29, 2008. The lawyer said that USCIS apparently made a mistake in making this decision and suggested the company to appeal. The management team in my company didn't pay attention to my H1B application, because both they and I thought that this was a piece of case. They became to be upset when they got the denial notice and started discussing the possible solution to get the working visa for me. They are willing to provide additional information if necessary, but they don't know what to do next. Is there any new material to submit and what kind of evidence they need to provide? For me, I have a classmate who has a similar position as I do. She got the H1B approval in June.

My position is Account analyst. The lawyer used this real title to file the application. As for the denial, USCIS doesn't agree that this position needs a bachelor degree. They also believe that any people with a bit online advertising experience can take this position. What is more, they only saw Journalism major in my diploma, not Marketing of Converged Media or strategic communication. However, it is our school's tradition to use the diploma of Journalism for all of the majors in our schools. The Missouri School of Journalism has 7 majors: Convergence, Radio-Television, Journalism Studies, Magazine Journalism, Newspaper Journalism, Strategic Communication. The Master's Program Handbook clearly stated the programs we have. I also think that it is common for universities to use a general major category on diplomas in this country.

I would be greatly appreciated if you have any suggestions or give me valuable information of good attorneys who have extensive experience in the field and can guarantee the approval. My email is [email protected]. Please feel free to contact me if you have any additional questions. Thanks. What is the name of your state (only U.S. law)?

 

[woodykas]

do not necropost please, start your own thread.