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H1B rejected in 2005, Like to apply in 2016
Anonymous6 views4 answers
I applied for H1B in 2005; it was rejected due to incorrect experience letter.
After Jan 2005, I changed my technology and started working in big MNC companies. I also travelled 5 countries for work and business visit. Currently I have 10 years of experience in that technology. With this 10 years of experience, some US company ready to offer H1B visa for me.
Question:
1) With these 10 years of experience, ignoring experience before 2005 that companies experience letters I don’t have now. I have master degree and 10 years experience from 2005. I like to apply for H1B visa next year 2016. Please advice what is chance of getting visa approval.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
With all other things being equal and simply by reading these lines you typed here, you seem to have the requisite qualifications for a "specialty occupation" caliber H-1B job offer. You must realize, however, that nowadays more than ever the approval by CIS of an H-1B petition depends on much, much more than just the "alien's qualifications", which are only a small (albeit significant) part of the equation. The petitioning employer must convince CIS that:
1. The duties of the job position (job title doesn't really matter) are so complex as to necessitate one with at least a Bachelor's degree (and/or combination of education/experience) to properly perform those job duties; AND:
2. The employe is able to convincingly justify the need for such a professional in its payroll (no easy task.)
The job will need to be complex enough to require at least a bachelor degree in a related field. You must be qualified through education and be otherwise admissible.
The inquiry still fails to disclose what type of error or incorrect information was provided or wasn't available to be provided to the consulate. If you are asking whether or not your past denial can affect a new petition, the answer remains yes, depending on the reason for denial. However, if the past denial was USCIS based or DOS based decision due to your inability to sufficiently provide progressive experience to meet a bachelor's degree experience evaluation, then your experience appears to have grown substantially and that will likely not be a problem. However, your experience is only one part of an H1B petition, and whether I have identified an issue that you meant to raise is not clear. There are other possibilities that a fraudulent document was provided, or a document meant to prove XX experience was not provided, or that the employer required skill of a degreed individual in YY field (ie, computer engineering) and you did not have proof of having obtained that degree or having sufficient proof of experience, etc. IT would be far better to have a clear and private consultation with an immigration attorney to determine what obstacles, if any, you face due to the prior denial.
