H1B Denial Letter(Real) by USCIS – Speciality Occupation, Employer Employee Relationship

In H1B Visa by KumarUpdated : 13 Comments

Some of the H1B petitions are denied by USCIS, it could be for a variety of reasons. Two of the most common H1B denial reason is Employer Employee Relationship Clause and H1B Speciality Occupation Services. Many of you may be curious to know, how that may look like and the wording that USCIS uses for the same.  One of our readers, keeping name anonymous, has been kind enough to share, despite his unfortunate situation for the benefit of everyone, so that you can be prepared. Thanks a lot to him for sharing his H1B denial letter.

H1B Visa Petition Denial Letter by USCIS – Employer Employee Relationship (Pages 1-3)

H1B Visa Denial Notice by USCIS - Sample - Employer Employee Relationship - Page 1

H1B Visa Denial Notice by USCIS - Sample - Employer Employee Relationship - Page 2

H1B Visa Denial Notice by USCIS - Sample - Employer Employee Relationship - Page 3

H1B Visa Denial Notice by USCIS - Sample - Employer Employee Relationship - Page 3

H1B Visa Petition Denial Letter by USCIS – Services in a Speciality Occupation  (Pages 4-6)

H1B Visa Denial Notice by USCIS - Sample - Services in Speciality Occupation - Page 4

H1B Visa Denial Notice by USCIS - Sample - Services in Speciality Occupation - Page 5

H1B Visa Denial Notice by USCIS - Sample - Services in Speciality Occupation - Page 6

H1B Visa Petition Denial Letter by USCIS – Decision Conclusion  (Pages 7-8)

H1B Visa Denial Notice by USCIS - Sample - Conclusion - Page 7

H1B Visa Denial Notice by USCIS - Sample - Conclusion - Page 8

 

   

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Comments ( 13 )

  1. Rishi

    Hi,
    My h1b extension was denied by USCIS on 5/30/2019.

    Can it be reapplied as cap exempt after few months for the rest of the 6 years?

    Thanks
    Rishi

  2. Factcheck

    Our visa was denied on 5th March but we didn’t get the documents. Employer/Attorney called USCIS on last Friday(15th March) to confirm ( as it was PP), they said that they will send documents again. We get information of visa denial on 15th march and my husband left the office with in couple of hours(after doing all formalities).

    Now my question is,
    1. Our 10 days grace period starts from the day when we receive mail of denial papers or when they have denied the visa. We are trying to pack up as soon as possible but it’s too hard to leave before next weekend.

    What should we do in that case? Have to pack up a lot of stuff etc.

    2. If we file H1b again through ‘New Employer and for altogether new project’, Do we need visa denial copy ? Do we need to leave USA before applying for new h1b ( with same cap)?

    3. What if employer refuse to share visa denial copy ?

    Please help.

    Anybody ever faced the similar scenario ?

  3. Raja

    Hi Kumar,

    One year back my 2nd H1B extension is denied due to lack of complex roles and responsibilities on Job Position. so, I returned back to india with 15 days after receiving the denial notice and working for the same client on different project with new roles and responsibilities. Now my employer is planning to file my H1B extension under cap exempt with different position and roles and responsibilities to utilize my pending 4 years period of H1B for same client and employer.

    1. What are challenges I can get from USCIS on my new roles and responsibilities with same employer and client?
    2. Did I face any issue if I apply the extension for same client on different roles ?
    2. If my H1B is approved, Did I face any issue in consultant interview for stamping?
    3.Both my employer and employer are good reputed companies.
    4.

    Any valuable feedback is apricated.

    Thanks

    1. administrator
      Kumar

      1. It is hard to give a generic answer. Everything depends on the job role. Your attorneys know how to work with it.
      2. No, should not…as long as the role is different
      3. Then you have good chances, should be less hassle for you.

      Dont worry too much, it will be good as long as the job role is qualified to be highly skilled. If you have good attorney, they would know these things and take care of the same.

  4. TrustInGod

    Hello Sir,
    My spouse’s employer applied the extension application (PP) in early september, he was in a project during that time, but later when he got RFE, by the time they responded to the RFE, his project got over. Finally, he got denial couple of days back and he doesn’t know the reason for the denial yet. He works from home with a well established company. My question is:
    1) Could WFH impacted the denial decision?
    2) He was in bench when the employer sent the RFE response and could that be the reason which fueled the denial?

    Plz guide.
    Thanks

  5. Sam

    Hi Kumar,

    In this scenario, What made USCIS to directly to deny the petition instead of raising a 2nd RFE?? I saw they failed to provide SOW’s and PO’s but instead they provided contract agreements isn’t that enough?

    1. administrator
      Kumar

      Sam,
      We do not know the full details of the case, but it is very less cases they give 2nd RFE…As per the rules, it is up to the employer to ensure that these documents are submitted to ensure right of control, etc. But, seems they missed that…again, we do not know everything of the case, take it as a guidance on what can go wrong…

      1. Sam

        Hi Kumar,

        Recently my H1b petition got denied. On the end client letter, Client didn’t mentioned the project duration this was the reason for my denial which USCIS stated on their denial notice. We’ve submitted contractual agreements SOW, PO and Work Order too. This is the only specific reason they pointed for denying my petition. Have you seen any such cases? what are my chances if go with MTR+Appeal on this with updated client letter with project duration?

        Thanks,
        Sam

        1. administrator
          Kumar

          Sam,
          Sorry to hear…MTR+ appeal is a very long and time consuming process and the odds of approvals are very low…hard to say the outcome. Discuss with your employer or attorney other alternatives

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