Discuss shackle's H-1B USCIS Case

H-1B case:
India
transfer
California
premium
28 Sep 2017
29 Sep 2017
yes
25 Oct 2017
Specialty occupation
03 Jan 2018
denied
17 Jan 2018
111 days
11 Oct 2017
17 Jan 2018
What are my options now? Haven't received the denial reason yet.


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Users currently watching this case: daba, shackle, divideby7, guptastud, SL1235678, vineels8, yayyy, zuke, govindam, petition, rocky4891, mdani, shirish79, DarkTunnel, akanksha23, AbhijitCh, taurus1981, needToBreath 25 Comments

Posted by daba
02 Nov 2017 #1
Whats your basic degree.
Wish you all the best
Posted by shackle
05 Nov 2017 #2
Thanks @daba! Baisc degree is bachelors in engineering, advanced degree - MS CS . What's your situation?
Posted by guptastud
06 Nov 2017 #3
did you replied to RFE yet ? what is the current status ?
Posted by vineels8
10 Nov 2017 #4
I have a similar case, my employer is going to submit org chart, job duties with %, vendor letter and external evaluation. Let me know if your employer has any different documentation?
Thanks
Posted by yayyy
10 Nov 2017 #5
@shackle, could you please post your SOC code and wage level?
Posted by shackle
18 Nov 2017 #6
@vineels8, I would assume they are doing the same. They haven't filed the response yet. @yayyy I am not sure what the SOC code is. Wage level is 3. What about yours?
Posted by govindam
17 Jan 2018 #7
Sorry to hear.
What's your job FTE or consulting?
Job Title?
Posted by shackle
17 Jan 2018 #8
It was full time to full time. Have never worked with a consultant before.
Posted by shackle
17 Jan 2018 #9
Senior software engineer
Posted by petition
17 Jan 2018 #10
what is your educational background? mine is similar situation
Posted by shackle
17 Jan 2018 #11
Masters in cs
Posted by rocky4891
17 Jan 2018 #12
I think you can immediately file a new transfer petition in premium. Read on some other forums that this is an option.
Posted by govindam
17 Jan 2018 #13
This looks like they’re simply denying petitions.
What’s the position minimum qualification required in your job description?
Do you’ve that minimum degree in CS or in the job you’re performing?
Posted by mdani
17 Jan 2018 #14
Sad to hear that with right education for role and good wage level also they denied. Have they mentioned reason for denial? I guess the last option is to challenge the decision by filing a motion or an appeal. Hope your attorney has given you all options.
Posted by shirish79
18 Jan 2018 #15
Samething happend to my friend last week, his transfer was denied. He applied for new H1 trnasfer. It's really stressful, good luck. Keep us posted
Posted by shackle
18 Jan 2018 #16
We haven't received the denial reason yet. Yes, the job has minimum cs degree requirements and I met that.
Posted by DarkTunnel
19 Jan 2018 #17
Sorry to hear that. Are you going to file a MTR? Are you allowed to stay if you file a MTR?
Posted by shackle
20 Jan 2018 #18
I'm yet to talk to my company lawyer about the options yet coz they haven't yet received paper documents. Will talk about MTR. Just noticed that the job code was 15-1133 (Software dev - systems software) , wonder if it should have been 15-1132 (Applications) ?
Posted by akanksha23
23 Jan 2018 #19
@shackle - did you receive the denial letter yet? Are you filling H1b again?
Posted by akanksha23
23 Jan 2018 #20
@shackle - did you receive the denial letter yet? Are you filling H1b again?
Posted by shackle
23 Jan 2018 #21
@akanksha23, yes they received it yesterday. Don't know the full details yet but it was basically mentioned that the job role is not "special occupation" . So yea, all options are on the table, including re-filing.
Posted by petition
23 Jan 2018 #22
Did you stop working once you received denial notice? How many days can you stay now?
Posted by shackle
25 Jan 2018 #23
yes stopped working. attorneys said its 60 days.
Posted by AbhijitCh
14 Jun 2018 #24
@shackle whats your status now?
Posted by needToBreath
19 Sep 2018 #25
Can you please update what happened next?

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