H1-B denial

Old Sep 25th 2002, 9:28 pm
  #1  
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Default H1-B denial

Hello all,

I believe that those of you who had applied for H1-B visas have noticed that the work of INS is very arbitrary. In my case, two people who applied for H1-B through the same company for the same position have the same education I do. Their petitions went through just fine. I was asked by INS for "additional evidence." I was to prove that the position really requires a bachelor's degree by getting information from companies in the same industry.

And since my current visa is expiring on Sept. 27, I had to pay $1000 for premium processing, hoping that my employer will keep the job open for me while I wait for INS decision. Fortunately, my current visa gives me a 30 day grace period so I don't have to leave immediately.

How is it possible that they approve two peitions and give ME a hard time if I'm applying for the same job the two other people were? Is there someting that can be done in case my H1-B is denied? Wouldn't that be unfair since they approved two exactly the same cases recently? Is there anything my lawyer can do to tell INS that they made a mistake?

I just can't believe this is happening.
Please, advise. Thank you.

Jarka
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Old Sep 27th 2002, 11:10 am
  #2  
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Default Re: H1-B denial

I agree that there are inconsistencies in how these apps are handled. I
think it may have to do with the 'comfort level' of the person who is
reviewing the app. Maybe, you can send back copies of your colleagues
petition and approval notice to demonstrate that INS has already accepted
the bonafides of this position in other cases (isn't that the proof they are
asking for?).

"GoodGirl_J" wrote in message
news:[email protected]
.com
...
    > Hello all,
    > I believe that those of you who had applied for H1-B visas have noticed
    > that the work of INS is very arbitrary. In my case, two people who
    > applied for H1-B through the same company for the same position have the
    > same education I do. Their petitions went through just fine. I was
    > asked by INS for "additional evidence." I was to prove that the position
    > really requires a bachelor's degree by getting information from
    > companies in the same industry.
    > And since my current visa is expiring on Sept. 27, I had to pay $1000
    > for premium processing, hoping that my employer will keep the job open
    > for me while I wait for INS decision. Fortunately, my current visa gives
    > me a 30 day grace period so I don't have to leave immediately.
    > How is it possible that they approve two peitions and give ME a hard
    > time if I'm applying for the same job the two other people were? Is
    > there someting that can be done in case my H1-B is denied? Wouldn't that
    > be unfair since they approved two exactly the same cases recently? Is
    > there anything my lawyer can do to tell INS that they made a mistake?
    > I just can't believe this is happening.
    > Please, advise. Thank you.
    > Jarka
    > --
    > Posted via http://britishexpats.com
 
Old Sep 27th 2002, 5:41 pm
  #3  
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Default Re: H1-B denial

Originally posted by GoodGirl_J:
Hello all,

I believe that those of you who had applied for H1-B visas have noticed that the work of INS is very arbitrary. In my case, two people who applied for H1-B through the same company for the same position have the same education I do. Their petitions went through just fine. I was asked by INS for "additional evidence." I was to prove that the position really requires a bachelor's degree by getting information from companies in the same industry.

And since my current visa is expiring on Sept. 27, I had to pay $1000 for premium processing, hoping that my employer will keep the job open for me while I wait for INS decision. Fortunately, my current visa gives me a 30 day grace period so I don't have to leave immediately.

How is it possible that they approve two peitions and give ME a hard time if I'm applying for the same job the two other people were? Is there someting that can be done in case my H1-B is denied? Wouldn't that be unfair since they approved two exactly the same cases recently? Is there anything my lawyer can do to tell INS that they made a mistake?

I just can't believe this is happening.
Please, advise. Thank you.

Jarka
I got the work permit! False alarm, fortunately. Somebody had a good day at INS...
GoodGirl_J is offline  

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