My H1B has been denied for the following reason: 1) That there was not sufficient evidence that the job position in the US qualified as a specialty occupation and 2) that the beneficiary does not qualify to perform services in the speciality occupation. I want to know what are my chances for the visa application to be re-considered if we file a motion to re-open? Are there any other options to take it forward?
sorry to hear that.
What occupation bye the way and what is the academic qualification and experience ;Just want to know for myself to understand the risks of stamping post petition approval
I am an Oracle EBS finance consultant. I have an MBA (PGDM) degree in finance. My total experience is 8.2 years out of which 4.7 years is in Oracle EBS.
Did you submit education evaluation document? Did you submit experience letter related to your Oracle EBS experience?
They should have issued RFE for this before denying. What information did your attorney submit in response to it?
Yes they issued an RFE and asked for the details regarding the Job Description. And I had provided the detailed job description.
In my experience, replies to job description involve supporting documents to show that job does require at least US Bachelors degree. This may include similar job openings from same/different employer which mentions US Bachelor as a must. It also includes demonstration of how Bachelors degree will help the person to perform the job duties.
Your attorney can look at the denial reasons and then decide to file MTR or appeal, if they feel they have valid grounds.