# H1-B denied



## musicman84 (Apr 16, 2010)

I posted quite some time ago asking for possible options to remain in the US after my F-1 OPT ran out. As it transpired, I was lucky enough to find a job where my employer was willing to sponsor me for an H1-B visa.

Our attorney was extremely confident of our case but we recently received a denial letter, with 8 pages of legal 'reasons' as to why my job was not a specialized position, nor required a minimum of a bachelor's degree. Needless to say, with a second opinion from another attorney, it appears that they have been extremely unfair and have not really applied the correct legal standard to this case.

Does anyone else have any bad experience with the H1-B process this year? What is frustrating is that it took them nearly 8 months to decide and we received this decision on the day that the H1-B cap had closed, thus giving us no chance to refile.

After exploring all alternatives, the only option available seems that I will go back to the UK and, if my employer files again, hope that it will be approved next year if we submit an even stronger, more watertight case.

Has anyone else had experience with a denial and a subsequent reapplication the following year?

Has anyone had any luck or experience with an appeal?

Any thoughts and previous experience would be much appreciated.

Best,
MM


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## lifeisgood (Mar 30, 2010)

musicman84 said:


> I posted quite some time ago asking for possible options to remain in the US after my F-1 OPT ran out. As it transpired, I was lucky enough to find a job where my employer was willing to sponsor me for an H1-B visa.
> 
> Our attorney was extremely confident of our case but we recently received a denial letter, with 8 pages of legal 'reasons' as to why my job was not a specialized position, nor required a minimum of a bachelor's degree. Needless to say, with a second opinion from another attorney, it appears that they have been extremely unfair and have not really applied the correct legal standard to this case.
> 
> ...


Sorry to hear about your H1B denial..
there are scores of such cases so do not lose hope..
you might want to carry on studying for another year in USA itself and try for the H1B again next year..


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