Hello,
I got my H1B petition accepted in July 2012. I received a I-797B, without I94 attached. On the document it says that I have to get the H1B stamped on my passport from the US consulate in my home country.
However since I was already in the US when my employer filed the H1B petition (in fact, I got in the US with F1 Visa in order to get master's degree, which I completed in May 2012) my attorney said that we could file an amended H1B petition in order to get a change of status withing the US, and therefore receive a I-94.
From July 2012, untill today, I've been working under OPT.
OPT expired today, 7/10/2013. Starting from tomorrow I will be under 60 days grace period.
Today I spoke to attorney who said that the amended H1B petition was denied. In fact. In the past weeks USCIS questioned whether the offered position (Market Research Analyst) qualifies as a specialy occupation, and asked for evidence to prove that the offered position is so specialized and complex that a degree is required.
My attorney answered the RFE by stating: "This petition was not submitted for purposes of adjudication because the prior petition was already approved. We only need to amend his approval notice to obtain an I-94 because as we previously mentioned, the employee was already in and continues to be in the United States".
USCIS answered: "Stating that a petition is an amendment or even a request for a new I-94 number does not exempt the petitioner from providing documentary evidence to address deficiences. [...] You did not submit documentary evidence to demonstrate that the offered position is so complex or unique that it can be performed only by an individual with a degree in specific specialty. [...]
Therefore, your petition is denied.
[b]If applicable, the potion of the petition requesting an extension of stay or change of status for the beneficiary is also denied because the nonimmigrant visa petition filed in the beneficiary's behalf is denied."[/b]
The attorney said that only the amended petition was denied, and that I can still go to the US consulate and do interview for stamping. According to attorney the original H1B petition is still valid.
Honestly after reading what USCIS wrote, especially the part that I wrote in bold, I really feel like even the original H1B was denied...and I can't even go for stamping.
What do you guys think?
Sorry if all this was long to read...Thank you so much!