H1B extension rejected- pllanning to re-apply in 2014

Hi Shaurabh,

I was in US for about 2 1/2 years as H1B visa holder as a Systems Analyst, but my H1B extension rejected in 2012 and I had to come back home. My employer didnt give me the real reason for rejection but he told about employer-employee relationship. We had a RFE before ( exact reason not given by my employer) but we replied for it.

My questions are follows;

  1. I had my first degree in Production Engineering but I got initial H1B VISA on IT (as a Systems Analyst) approved back in 2009 without a problem by the same company. Could it be a reason for the H1B extension rejection.

  2. I am planning to apply for H1B in 2014 quota. Curremtly I am doing a Masters in IT and could complete post graduate diploma in IT by March 2014 and will it be useful for me to apply for a new H1B in 2014.

  3. Will there be a problem in my Production Engineering degree if I apply for H1B in IT. In 2009 my employer equalized my degree to IT and with my then 5 year experience.

  4. Will my previous H1B VISA be any help for 2014 filing.

Please reply since I am confused.


My thoughts :

  1. Not necessarily. We cannot really speculate that. It was already approved previously, there is no reason to reject it on that grounds. It should be something different like your employer is saying.

  2. It could help. But, you already had H1B Visa beforeā€¦so, it should not matter.

  3. No, it should not. It depends on how your attorney positions your degree and expertise. For instance, you can be a business analyst in Product Planning right ? your education will help here, even for an IT role.

  4. Yes, it should help.