Chances of second H1B visa petition ?
Feb 2nd 2005, 7:46 pm
#1
Just Joined
Thread Starter
Joined: Dec 2002
Posts: 15
Chances of second H1B visa petition ?
Hi,
I am a international student and obtained masters degree in Mechanical Engineering from a US univ in Aug-04. Presently, I am working on OPT.
I got a job of an IT associate in a management consulting company. It consults companies in optimizing the sales strategies through numerical algorithms. The work involved was highly analytical, computational and numerical and engineers are often hired for the position. My employer filed for my H1B. Somehow, the INS officer got an impression that company is in sales and marketing and the position is that of the salesmen. He used the Occupational handbook to show that salesman are from liberal arts background and usually they do not have college degree. The background of Mechanical Engineering is not required for the job duties and he denied the petition. That was very stupid and wrong conclusion.
The company attorney tried to get the case reviewed / reopened, but it did not work. The appeal is pending at the AAU (Administrative Appeals Unit), where it takes forever.
Now, the only way is to apply a second H1b petition on coming March 8th. This change would be that of the job position. This time, it would be OR (Operation Research) Associate. The attorney would use my maths/ statistics coursework taken at gradschool as credentials for the job.
My questions are :
- What are the chances of the second H1B petition given that the first petition by the same employer and for the same beneficiary has been denied ?
- Does INS maintain records of previous denials ? Or they are considered as if never filed.
- Would INS Officer have a closer look at the application, because the records would show a previous denial for the same employer and the beneficiary ?
- Is each H1B petition considered a new case ? I mean to ask, if the previous history does not matter and the INS would in no way be biased and influenced by the previous denial and they consider each case as a new case completely ?
Please advise asap.
Thanks.
I am a international student and obtained masters degree in Mechanical Engineering from a US univ in Aug-04. Presently, I am working on OPT.
I got a job of an IT associate in a management consulting company. It consults companies in optimizing the sales strategies through numerical algorithms. The work involved was highly analytical, computational and numerical and engineers are often hired for the position. My employer filed for my H1B. Somehow, the INS officer got an impression that company is in sales and marketing and the position is that of the salesmen. He used the Occupational handbook to show that salesman are from liberal arts background and usually they do not have college degree. The background of Mechanical Engineering is not required for the job duties and he denied the petition. That was very stupid and wrong conclusion.
The company attorney tried to get the case reviewed / reopened, but it did not work. The appeal is pending at the AAU (Administrative Appeals Unit), where it takes forever.
Now, the only way is to apply a second H1b petition on coming March 8th. This change would be that of the job position. This time, it would be OR (Operation Research) Associate. The attorney would use my maths/ statistics coursework taken at gradschool as credentials for the job.
My questions are :
- What are the chances of the second H1B petition given that the first petition by the same employer and for the same beneficiary has been denied ?
- Does INS maintain records of previous denials ? Or they are considered as if never filed.
- Would INS Officer have a closer look at the application, because the records would show a previous denial for the same employer and the beneficiary ?
- Is each H1B petition considered a new case ? I mean to ask, if the previous history does not matter and the INS would in no way be biased and influenced by the previous denial and they consider each case as a new case completely ?
Please advise asap.
Thanks.
Feb 2nd 2005, 8:23 pm
#2
BE Site Lead
Joined: Aug 2004
Location: MA, USA
Posts: 92,170
Re: Chances of second H1B visa petition ?
What does your company attorney say?
That would probably be good advice to listen to if he's an immigration attorney...
As far as I can tell, each case would be on its own merits, but they might have a look to see what makes this a different application to your last denial, as it could sound fishy to them.
And I didn't think you could apply will April/May for a new H1B visa....
That would probably be good advice to listen to if he's an immigration attorney...
As far as I can tell, each case would be on its own merits, but they might have a look to see what makes this a different application to your last denial, as it could sound fishy to them.
And I didn't think you could apply will April/May for a new H1B visa....
Feb 3rd 2005, 7:36 pm
#3
Just Joined
Thread Starter
Joined: Dec 2002
Posts: 15
Re: Chances of second H1B visa petition ?
Hi,
I am still wondering if someone can provide concrete replies to my questions.
Thanks,
Sudhir
I am still wondering if someone can provide concrete replies to my questions.
Thanks,
Sudhir
Originally Posted by skumar221
Hi,
I am a international student and obtained masters degree in Mechanical Engineering from a US univ in Aug-04. Presently, I am working on OPT.
I got a job of an IT associate in a management consulting company. It consults companies in optimizing the sales strategies through numerical algorithms. The work involved was highly analytical, computational and numerical and engineers are often hired for the position. My employer filed for my H1B. Somehow, the INS officer got an impression that company is in sales and marketing and the position is that of the salesmen. He used the Occupational handbook to show that salesman are from liberal arts background and usually they do not have college degree. The background of Mechanical Engineering is not required for the job duties and he denied the petition. That was very stupid and wrong conclusion.
The company attorney tried to get the case reviewed / reopened, but it did not work. The appeal is pending at the AAU (Administrative Appeals Unit), where it takes forever.
Now, the only way is to apply a second H1b petition on coming March 8th. This change would be that of the job position. This time, it would be OR (Operation Research) Associate. The attorney would use my maths/ statistics coursework taken at gradschool as credentials for the job.
My questions are :
- What are the chances of the second H1B petition given that the first petition by the same employer and for the same beneficiary has been denied ?
- Does INS maintain records of previous denials ? Or they are considered as if never filed.
- Would INS Officer have a closer look at the application, because the records would show a previous denial for the same employer and the beneficiary ?
- Is each H1B petition considered a new case ? I mean to ask, if the previous history does not matter and the INS would in no way be biased and influenced by the previous denial and they consider each case as a new case completely ?
Please advise asap.
Thanks.
I am a international student and obtained masters degree in Mechanical Engineering from a US univ in Aug-04. Presently, I am working on OPT.
I got a job of an IT associate in a management consulting company. It consults companies in optimizing the sales strategies through numerical algorithms. The work involved was highly analytical, computational and numerical and engineers are often hired for the position. My employer filed for my H1B. Somehow, the INS officer got an impression that company is in sales and marketing and the position is that of the salesmen. He used the Occupational handbook to show that salesman are from liberal arts background and usually they do not have college degree. The background of Mechanical Engineering is not required for the job duties and he denied the petition. That was very stupid and wrong conclusion.
The company attorney tried to get the case reviewed / reopened, but it did not work. The appeal is pending at the AAU (Administrative Appeals Unit), where it takes forever.
Now, the only way is to apply a second H1b petition on coming March 8th. This change would be that of the job position. This time, it would be OR (Operation Research) Associate. The attorney would use my maths/ statistics coursework taken at gradschool as credentials for the job.
My questions are :
- What are the chances of the second H1B petition given that the first petition by the same employer and for the same beneficiary has been denied ?
- Does INS maintain records of previous denials ? Or they are considered as if never filed.
- Would INS Officer have a closer look at the application, because the records would show a previous denial for the same employer and the beneficiary ?
- Is each H1B petition considered a new case ? I mean to ask, if the previous history does not matter and the INS would in no way be biased and influenced by the previous denial and they consider each case as a new case completely ?
Please advise asap.
Thanks.
