H1B renewal was rejected

[mithun21]

Dear Forum Member

Now i need real suggestion and help from you. I appeared for my H1B renewal interview in Kolkata and unfortunately i received my passport with no Visa. My visa was rejected by consulate with a form in which reason was marked as i dont have education or experience for this visa. However with all criteria i full fill the eligibility of H1B and on that basis only i got first time visa. I am Bachlor iof science with 2 years IT education in System management. I have total 10.6 years of experience in the relevant area.

Now i have send all these details to my lawyers in US and they will review. But can one of our friend suggest me what shall i do. I feel like i am in no mans land as my whole stuff is there in US and i dont know what to do

Any idea , help or suggestion is greatly appriciated .

Thanks

[kabkaba]

The bar for equivalence to 4 year undergraduate degree is 3 year degree + 3 years of progressive (obtained after the degree) and relevant experience. Were you asked any specific questions about this during the interview? Did they say that they are asking USCIS to revoke the petition?

[mithun21]

The bar for equivalence to 4 year undergraduate degree is 3 year degree + 3 years of progressive (obtained after the degree) and relevant experience. Were you asked any specific questions about this during the interview? Did they say that they are asking USCIS to revoke the petition?

Thanks for your quick response. During my interview all they asked is what i do and what are my job responsibility. After that they asked me to wait and then some local indian member of the counsulate gave me a form to fill my education and all work experience from past.

The letter which i received only says its been rejected under section 221(g).My original I-129 is returned to USICS with memorandum explaining the fact which was presented during the interview. It also says Kolkata embassy is no longer handling the case and wont be able to provide any information on status of the petition.

Thanks

[kabkaba]

Now, USCIS may ask your employer why they should not revoke the petition. If they are satisfied with the response, they will re-affirm the petition. If that happens you can then take the re-affirmed petition back to the consulate to get your Visa. Unfortunately, this can take more than 6 months.
In any case, you are counted under cap and any other employer can file a cap-exempt petition for you. However, you will need to provide educational evaluation and work experience certificates to prove that you have the equivalent of a 4 year US degree.

[mithun21]

Now, USCIS may ask your employer why they should not revoke the petition. If they are satisfied with the response, they will re-affirm the petition. If that happens you can then take the re-affirmed petition back to the consulate to get your Visa. Unfortunately, this can take more than 6 months.
In any case, you are counted under cap and any other employer can file a cap-exempt petition for you. However, you will need to provide educational evaluation and work experience certificates to prove that you have the equivalent of a 4 year US degree.

Thanks for the answer. Exactly what written in the letter that i129 is sent to USCIS. My lawyer also said the same that it can take months to review and they will also re-evalute the education. Only surprising thing was even after shown all my experience letter to counsular he rejected it , as i said i have 10.5 years of experience.

Thanks

[kabkaba]

There are many requirements to the experience. It should be obtained after the 3 year degree. The experience in your H1 jobs does not count, because you should have fulfilled the requirement right from the first time. It should be relevant to the H1 job's requirement. The 2 year IT education must be evaluated by an appropriate evaluation agency. It is also possible that 3 year work experience will be required after completing both the 3 year degree + 2 year education.

[mithun21]

There are many requirements to the experience. It should be obtained after the 3 year degree. The experience in your H1 jobs does not count, because you should have fulfilled the requirement right from the first time. It should be relevant to the H1 job's requirement. The 2 year IT education must be evaluated by an appropriate evaluation agency. It is also possible that 3 year work experience will be required after completing both the 3 year degree + 2 year education.

My work experience is after my 3 years graduation. So i dont see how this makes sense here.

Thanks

[kabkaba]

Your employer can also file a new petition (Cap-exempt) in that case, if they think they have a case. Some other alternatives for appealing the consulate's decision may also be available. Consult an experienced immigration lawyer to better understand your options.