First time H1b expired,second time denied - options available

[CC90 90]

You didn't state why your latest H-1B petition was denied; this is important information.

It seems that the individuals preparing your case aren't doing it right. I doubt the denials have much to do with your last H-1B petitions. The 1st denial seems like a paperwork issue and your application wasn't properly prepared.

You can't extend something that isn't valid.

You need to find out why this latest one was denied. If it's a paperwork issue, your employer doesn't seem to know how to handle this.

[h1bquery2013 0]

First time when they filed with some lawyer / attorney, we (my self / consultant) were not happy with denial reasons, so next time my consultant have changed lawyer / attorney.

My lawyer team didn't get the denial notice hard copy of my latest petition, i spoke with them, they are claiming that they have done paper work very well, no issues in that. yet to receive more details on this, and they are confident to file MTR and to get it approved. BUT I AM NOT SURE.

But usually what is the success rate for any MTR?

[CC90 90]

But usually what is the success rate for any MTR?

It depends on why it was denied. You need to know this.

[h1bquery2013 0]

I got the denial notice, and it says that whether position offered to beneficiary qualifies as a speciality occupation?

and they USCIS gave 3 additional pages with full of english.

[h1bquery2013 0]

Can we go with MTR and chances of winning it? but not sure whether we have all the date to prove it. Mainly employment notifications in local paper / job portals for this job opening.

[Boiler 45,527]

Your prospective Employer is he one to mke tht call, they will be paying the costs.

[CC90 90]

Can we go with MTR and chances of winning it? but not sure whether we have all the date to prove it. Mainly employment notifications in local paper / job portals for this job opening.

If you can't prove that the occupation meets the requirements, the MTR will not work.

[Harsh_77 718]

Agree with other poster if your employer cannot meet the occupation requirements, MTR will not work.

Not only the posting but also the contract between employe and employer is required as well.

[Danik 0]

In the first place, your company is just getting H1 B blocked. if they were not sure of sending you to US, why did they apply for H1? Its time to quit and join other company.

[Morningmist 76]

" you should have bugged yer WiPro caseworker to get you a posting in the USA. The visa was already approved, and not utilized by them. Who does that, really?"

Every major Indian software bodyshop actually.

OP: the reason why you were rejected had nothing to do with the lawyers and everything to do with your job. They have rejected visas to people who had a job here , worked in the US for a whole year and they couldn't prove employer-employee relationship and got rejected during visa interview. I suggest you get a job where you can establish employee -employer relationship and it is a specialty occupation. The consultants are obviously not applying it right. Find another consultant. Or US company.

As for unemployment rate, not every profession has the same unemployment rate. Engineering and some of the other STEM fields the rate is low while some fields the rate is higher than average. So for some profession they can get H1Bs easily while others they wont be able to get it as easily.