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

In H1B Visa by KumarUpdated : 23 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



Other Articles

Comments ( 23 )

  1. Manthan

    My case: (Apology if it is too detailed)
    – Bachelor in Mechanical engineering (2009-2013) in India
    – Work (July 2013 to December 2014) in India
    – January 2015 came to US for master’s
    – Master’s in Mechanical engineering (Jan 2015 to Aug 2016)
    – Joined consultancy in September 2016
    – Started working in December 2016 (UI developer)
    – H1b picked up from lottery in 2017, got rfe and then withdrew the application (Employer thought it might get denied so better to withdraw)
    – H1b picked up from lottery in 2018, got rfe, approved and H1b duration from October 3, 2018 to August 17, 2019.
    – February 2019, went to india, got stamped no issues
    – March 15, 2019 applied for H1b transfer, and started working for the new employer (consultancy)
    – July 1st, 2019 (around this date) converted application to premium
    – Got rfe next day, (rfe date was April 30, 2019 but they didn’t send for some reason)
    – RFE had intend to deny and asked for Client letter, Previous work details and speciality occupation
    – July 30, 2019, previous employer revoked h1b
    – August 22, 2019 RFE submitted
    – September 4, 2019 transfer denied, for speciality occupation (got the receipt today).

    1. Can you please suggest me what are my options now?
    2. Employer told that consular application is the only option now, (MTR also but it takes forever), is that true?
    3. How many days do I have to apply for any H1 application? Is there any time restriction?
    4. My actual h1b was revoked and was going to expire 17 August, 2019 so doesn’t that mean I don’t have an H1? How can an employer apply for any type of H1 for me? How does that work?

    Any response is greatly appreciated.


    1. administrator

      1. your options are to leave country, find an employer and file for transfer.
      2. yes, thats correct. Yes, MTR is just waste of time…
      3. Nothing as such.
      4. employer cannot revoke h1B, they can only withdraw…it does not matter. what matters for you now is your current status of denial and you need to leave. You are still counted towards cap and anyone can file cap exempt petition…the only exception is USCIS revoked your petition for fraud or giving wrong info.

  2. Archana


    I am correcting my previous query…can i have other sponsor re open the same petition (Here i mean , using the same Receipt number)

  3. Archana


    I applied for H1B in 2017. I got the receipt, then my petition went into RFE, then got denied. The reason mentioned was ‘Specialty Occupation’. Now (in 2019), can i reapply with other sponsor with a new client letter? Thank you for your time.




    My H1B got denied yesterday. An RFE was received to prove that this is a specialty occupation to which we responded. The response was probably not enough. I will receive the reason for the denial sometime next week. If my company is not e-verified, could that be the reason for denial? Is my best option to reconsider/ reopen the case?
    How much does it cost to appeal to the denial?
    Much appreciated.

    1. administrator

      Well, this is a very tough situation. The cost varies by attorney…You may file appeal, but it takes forver and you do not get any status or grace period for the same….So, it is better to file transfer than appeal…if you have a choice…

  5. Rishi

    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?


      1. Puneet Kapoor

        IS the Denial notice needed to re apply for cap exempt H!B from outside US with approved I 140?
        I do not have denial notice from my previous employer and new employer wishes to file h1b cap exempt with approved i 140 from previous employer.

  6. 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 ?

  7. 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.

    Any valuable feedback is apricated.


    1. administrator

      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.

  8. 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.

  9. 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

      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?


        1. administrator

          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

Leave a Comment

Comments Policy :
  • Comments are to drive conversation, add your thoughts, experiences, ask questions!
  • Do NOT write hate speech, swear words, or get into fight. Maintain etiquette
  • Enter your Name, valid Email, URL(optional - Facebook, LinkedIn profile URLs).
  • Your email will NOT be published. Do NOT post any phone numbers, email-ids
  • Do NOT post any links from other websites, unless official sites, University websites.
  • By submitting your comment, you agree to Term and Conditions of our website.