Need help for H1b!

[bob140032]

Hi all,
I got a REF because "preferred position does not require specialty Occupation Worker." My company is willing to file green card, If H1B got rejected after REF. What do you think is the best option,
1) Withdraw pending application when USCIS is asking for REF?
OR
2) Reply the REF first, file GC If H1B got rejected after REF?
3) What are the impacts on GC application, if previous h1b was denied.


I will appreciate your help!

Thanks,

[Nattybone]

Hi all,
I got a REF because "preferred position does not require specialty Occupation Worker." My company is willing to file green card, If H1B got rejected after REF. What do you think is the best option,
1) Withdraw pending application when USCIS is asking for REF?
OR
2) Reply the REF first, file GC If H1B got rejected after REF?
3) What are the impacts on GC application, if previous h1b was denied.


I will appreciate your help!

Thanks,

Hello, Bob140032.

It is totally your call whether you want to respond to the RFE. If the proffered position is actually a specialty one, then you should try to respond and you might be granted the H1B. I am not sure whether you are in USA or not, but if you are in USA, then upon approval of this H1B, you can live and work in the USA while the Green Card gets processed parallely.

Otherwise, Green Card processing alone takes long and you will have to wait for some time, depending which country you are from.

I hope this helps.

Wishing you luck.

Cheers,

[bob140032]

Hello, Bob140032.

It is totally your call whether you want to respond to the RFE. If the proffered position is actually a specialty one, then you should try to respond and you might be granted the H1B. I am not sure whether you are in USA or not, but if you are in USA, then upon approval of this H1B, you can live and work in the USA while the Green Card gets processed parallely.

Otherwise, Green Card processing alone takes long and you will have to wait for some time, depending which country you are from.

I hope this helps.

Wishing you luck.

Cheers,

Hello Nattybone,

Thanks for your response,
Yes, I am in USA. Yes we have to prove the "proffered position is actually a specialty one". Which is very hard because, USCIS is saying the title we file under is not "specialty one". My only concern is If we reply for REF and we got rejected then would that impact on future immigration benefits, such as Green card?

Thanks!

[Nattybone]

Hello Nattybone,

Thanks for your response,
Yes, I am in USA. Yes we have to prove the "proffered position is actually a specialty one". Which is very hard because, USCIS is saying the title we file under is not "specialty one". My only concern is If we reply for REF and we got rejected then would that impact on future immigration benefits, such as Green card?

Thanks!

Hello, Bob140032.

An immigration attorney could help you file in the correct category. There are job titles which qualify as Speciality. Please do take help from your Immigration Attorney, or need be, engage one.

Also, H1B rejections happen all the time. While every application gets recorded in the system of the USCIS, i do not think a rejection would adversely impact your Green Card unless someone files a fraudulent petition (with **** papers etc.) or has some other serious offence. I do not feel you should let this worry you.

Wishing you luck.

Cheers,