After Denial if H1b Filed Again

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President Trump and his allies have been a critic of the H-1B visa, claiming it has been abused by employers and resulted in lower wages for American workers. His Assistants has now imposed a temporary ban on visas for strange workers in an try to heave employment for U.S. workers laid off over the COVID-19 pandemic. In reality, Trump has exploited the situation to clamp downwards on legal clearing. A National Foundation for American Policy assay of USCIS data found that the denial rate for H-1B visas stood at 6 percent halfway through Obama's second term. Since Trump took office, information technology increased steadily, reaching 24 percent FY 2018 and thirty pct by FY 2020.

What is H1B Transfer?

• An H-1B visa transfer is a procedure of irresolute from one employer to another while nevertheless on current H-1B condition
• The H-1B dominion allows employees to take a job offer from another employer in the United States during their stay
• However, you cannot start the new employment without kickoff satisfying the labor and clearing requirements through H-1B transfer processing
• The process can accept several months, and you need to complete information technology carefully to avert denial
• The fundamental departure between an extension and new H1B is the extension is cap exempt and new H1B is not
• As many people every bit are qualified can transfer their H-1B visas every year

When Can You Get an H-1B Visa Transfer?

• When you lot get a new employment offer from a US-based employer
• At the fourth dimension of transfer, you should have current employment in the United states of america
• if you wish to take the new job, y'all can then initiate the H-1B visa process
• You cannot transfer to another employer without having a task offer

Practice I Demand a New Labor Status Awarding (LCA)?

• Yes, your employer needs to file a new LCA for your job
• To get the LCA, the employer needs to send an application to the U.South. Department of Labor by filling form ETA 9035E.
• This document shows the U.Southward. government that the employer hires legal workers
• It also guarantees that the employer treats the strange workers fairly by paying them the required wages and providing them a suitable working environment

When Tin can I Get-go Working for the New Employer?

• After getting LCA authorization, the employer should submit an I-129to the USCIS
• Once the USCIS receives the petition, a receipt number will be sent to both the employer and employee
• After receiving the number, the employee can get-go working for the new employer
• Both parties volition get the I-797 grade when the petition is canonical
• I-797 is proof that the employee is legally permitted to work for that particular employer
• The employer and employee have to file an I-xix—also called the Employment Eligibility Verification grade—to the USCIS
• This form is to verify the identity and employment authorization of persons hired in the U.S.

What are the Required Documents for H-1B Transfer?

The applicant should submit the following documents to the USCIS:

• Copy of the offer letter issued by the employer
• Copy of passport
• Copy of your electric current H-1B visa
• Copy of form I-94
• Copy of I-797
• Copy of social security card
• Copies degrees and certificates
• Copy of paystubs (2 or 3 previous paystubs)
• Copy of tax returns, if applicative
• Re-create of updated resume
• If y'all are a medical practitioner, you volition besides need a re-create of state license

What are the Common Reasons for H-1B transfer Denials?

There could be diverse reasons, your H-1B transfer can be denied past the United States Citizenship and Immigration Services (USCIS)

Some of the common reasons for denials that affect both the petitioner (employer) and the casher (employee) are as follows:

1. The Petitioner's (U.S. Employer) Requirements

   • Petitions for an H-1B employee are denied based on insufficient submissions demonstrating that the petitioning Usa employer is an established and operating entity in the United States
   • Information technology has the ability to hire, pay and provide sufficient specialty occupation piece of work to the H-1B employer
   • It is important for an employer to provide tax documentation, company financial statements, active contracts that demonstrate sufficient specialty occupation work, belongings charter information, and photographs of the premises

2. The Employee'due south Lack of Specialized Knowledge

• A fundamental requirement for H-1B approval is providing sufficient proof that the offered position is a "specialty occupation" that requires a available's degree or an employee to take "specialized knowledge."
• This is atwo-prong test that requires the beneficiary to provide evidence that he or she possesses a bachelor'southward degree in the field of employment (specialized knowledge)
• In addition, the employee must demonstrate that the specialized knowledge he/she possesses is directly related to the job offered

3. Insufficient Proof of Employer/Employee Human relationship

• As per the new H1B policy memo, USCIS will consider an H1B Sponsor to have an employer-employee human relationship, if they meet one of the four things – Hire, Pay, Burn down, Supervise or Control the work
• Now, with the new guidance, there is no demand to submit detail customer letters and documentation
• You volition simply demand to submit the LCA
• Job offer letter or written understanding of the job offer between H1B sponsor and the employee

4. Bereft Fees Filed

   • Recent changes to the filing fees can easily catch y'all off guard and result in getting your H-1B transfer denied
   • Keeping up to date with the current laws and regulations can help you prevent any unnecessary delays or roadblocks.
   • Firstly, it is important to note that the basic filing fee for the I-129 petition is still $460 until Oct 2d, 2020
   • The current edition of Form I-129, dated 01/27/xx
   • USCIS volition accept the 01/27/20 edition of this grade if information technology is postmarked before Oct. two, 2020.
   • USCIS volition non have the 01/27/20 edition if it is postmarked on or after October. two, 2020.
   • There is has been numerous proposed changes to the I-29 form, yous can get all the changes listed here

5. Employer Unable to Pay Prevailing Wage

   • If your employer is unable or unwilling to pay this wage, then yous will get your H-1B transfer denied
   • Your wages must non be detrimental to the wages and working conditions of other workers in your area
   • Employers commonly file a prevailing wage request to the National Prevailing Wage Centre or utilize theOnline Wage Libraryto notice out what the prevailing wage is for your occupation in your county

Past Violations of Immigration Police force

Any violations of clearing law on the part of either you or your employer can cause any transfers or extensions to exist denied. Examples of Violation of Clearing Laws Could be:

• Yous have been considered "out of status"
• You have not maintained the qualifications for an H-1B visa (east.g. no longer working in a specialty position related to your degree)
• Yous have committed a crime in the Us that makes your immigration status void.
• Your employer has fraudulently taken advantage of the immigration system or has otherwise violated clearing law

7. Improper Delivery

   • Some of the more common mistakes that petitioners make when filing for an H-1B transfer is sending the documents and payments to the wrong service middle or using an un-bonded commitment service
   • Be sure to check all dates and signatures as well as your assigned service center
   • Always utilise 1 of the officially bonded delivery services such as UPS, FedEx, or USPS.

What To Do Later Denial?

If your petition for H-1B transfer is denied, there are several steps that can be taken to fix this issue, it depends on the reason for the denial

• Your employer can file a different I-129 petition on your behalf
• In order to find supporting bear witness to subvert the previous transfer denial, information technology is best to seek the counsel of a reliable immigration attorney.
• If your transfer petition was denied because of improper documentation or a payment problem, you may be able to refile and seek approval provided that the mistake has been fixed
• If your employer will not file some other petition on your behalf, yous may want to consider seeking an employer who volition file.

You May Also be Able to File a Legal Motion to Have Your Example Reopened or Reconsidered.

1. Motion to reopen– this is used when new evidence has come to light and you lot believe that, if the evaluating officer were to reopen your case with this new show, a different conclusion might be fabricated.
2. Movement to reconsider– this is just used if you lot believe that the evaluating officer was incorrect in his or her conclusion to deny your H-1B transfer

Is there a Grace Period for Denial of Transfer?

• If you are attempting to transfer your petition and your transfer is denied, you will take until the departure date on your I-94 inflow/departure card
• If your employment is terminated before your H-1B validity menstruum is over, you will have a lx-day grace period with which to observe new employment, change your status to a new visa, or leave the land
• Avoid being "Out of Status", every bit it has long term implication to your future VISA approvals

How Can We Help?

• In most cases, USCIS will provide a asking for prove (RFE) prior to adjudicating an awarding for H-1B transfer
• This allows the employer to correct the problems or provide the bear witness requested past USCIS.
• RFE will contain a list of requested documents in addition to a deadline for submission
• Failure to provide the requested evidence or failure to respond inside the allotted time-frame will result in a denial of the H-1B transfer application.
• It is important that applicants and petitioners for H-1B transfers consult with a reliable prior to filing an application for transfer or responding to a Request for Evidence.

our office will exist happy to clarify your case'due south specifics and provide some suggestions, as every situation is different.

Schedule a call at 469-994-9407   or contact us using the form .

After Denial if H1b Filed Again

Source: https://ustunlawgroup.com/h-1b-transfer-denial-101-and-how-to-fix-it/

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