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Hello All,
Warm Greetings!!!
This is about the Denial of H1B Amendment Relocation Petition(from India) of my wife (we both work for same Company and hold valid H1B VISAs) and further steps... Here are the details:
- Our company filed Relocation Amendment for my Wife in premium Mode in January-2018.
- Received RFE. As Response, our Company has provided the documents like SOW, Onsite Manager Letter, Educational Documents (Bachelor's Degree)
- USCIS has denied the petition
. The reason that our Company say to us (as all the details are received by our company & then shared to us):
"The denial notice erroneously states that there was lack in proof that the position is a specialty occupation one and that it requires a Bachelor?s degree. "
What can be done in this case please? Her H1B VISA is only valid till October and we got to know that to travel to US, one needs to have a valid VISA with minimum 6 months validity. This would mean that She would have to travel in a month. We are clueless as what would be the best option. Couple that we can think of is:
- Raise Request for Review // however our Immigration team says this is not a good idea and most of the time there would not be much use. Also the REsponse times are not properly defined for these
- Raise a new Amendment REquest again in PRemium // very skeptical about this considering a denial alredy
Any suggestions would be of great help... Thanks in Advance!!!
- Vinay
Warm Greetings!!!
This is about the Denial of H1B Amendment Relocation Petition(from India) of my wife (we both work for same Company and hold valid H1B VISAs) and further steps... Here are the details:
- Our company filed Relocation Amendment for my Wife in premium Mode in January-2018.
- Received RFE. As Response, our Company has provided the documents like SOW, Onsite Manager Letter, Educational Documents (Bachelor's Degree)
- USCIS has denied the petition
. The reason that our Company say to us (as all the details are received by our company & then shared to us):"The denial notice erroneously states that there was lack in proof that the position is a specialty occupation one and that it requires a Bachelor?s degree. "
What can be done in this case please? Her H1B VISA is only valid till October and we got to know that to travel to US, one needs to have a valid VISA with minimum 6 months validity. This would mean that She would have to travel in a month. We are clueless as what would be the best option. Couple that we can think of is:
- Raise Request for Review // however our Immigration team says this is not a good idea and most of the time there would not be much use. Also the REsponse times are not properly defined for these
- Raise a new Amendment REquest again in PRemium // very skeptical about this considering a denial alredy
Any suggestions would be of great help... Thanks in Advance!!!
- Vinay
