H-1B Denial After Years at Company: Understanding RFEs and Denials
Your H-1B extension was denied after working for same employer for years. Here's why denials happen, how to respond to RFEs, and your options after denial.
Quick Answer
H-1B extensions can be denied even after years of approvals. Common reasons: job duties no longer match specialty occupation requirements, company's business model changed, previous approvals had errors, or increased USCIS scrutiny. RFE (Request for Evidence) gives chance to address concerns before denial. After denial, options include motion to reconsider, appeal, H-1B transfer to new employer, or change of status to different visa category.
Key Takeaways
H-1B extensions aren't guaranteed even with previous approvals
RFEs must be answered within 30-90 days with comprehensive evidence
Common denial reasons: specialty occupation issues, employer-employee relationship questions
You have 60-day grace period after denial to file motion, transfer, or leave
New employer can file fresh H-1B transfer even after denial
Consult specialized attorney immediately upon receiving RFE
Key Takeaways
H-1B extensions aren't guaranteed even with previous approvals
RFEs must be answered within 30-90 days with comprehensive evidence
Common denial reasons: specialty occupation issues, employer-employee relationship questions
You have 60-day grace period after denial to file motion, transfer, or leave
New employer can file fresh H-1B transfer even after denial
Consult specialized attorney immediately upon receiving RFE
Table of Content
Why Extensions Get Denied
Previous approval doesn't guarantee future approvals. Each petition is adjudicated independently. Common denial reasons include position no longer qualifying as specialty occupation (duties changed or USCIS disagrees with original classification), employer-employee relationship questioned (especially for consulting/staffing companies), company's financial viability concerns, wage issues (salary below prevailing wage), and fraud suspicion triggered by something in petition.
USCIS has become more aggressive since 2017 in scrutinizing H-1B petitions, particularly for IT consulting companies and contractor positions.
Understanding RFEs
RFE (Request for Evidence) is USCIS asking for additional documentation before deciding petition. It's not denial but serious warning. RFEs must be answered comprehensively within deadline (typically 30-90 days) or petition is automatically denied.
Common RFE topics:
Specialty occupation: Prove role requires bachelor's degree minimum
Employer-employee relationship: Prove employer has right to control work
Wage issues: Demonstrate salary meets prevailing wage
Beneficiary qualifications: Prove your degree qualifies you for role
Company viability: Financial documents showing company can pay salary
Responding to RFEs
Hire specialized H-1B attorney immediately - don't DIY RFE responses. Comprehensive response includes detailed letter addressing every RFE point, extensive documentation supporting specialty occupation, expert opinion letters if needed, employer letters with specific details, and client contracts/letters if consulting role.
RFE response timeline:
Days 1-7: Attorney reviews RFE, strategizes response
Days 8-30: Gather all evidence, draft detailed response
Days 31-60: Attorney finalizes, employer reviews
Days 61-80: File comprehensive response package
Never rush RFE responses. Take full time allowed to create strongest possible response.
After Denial: Immediate Steps
If petition denied despite RFE response, you enter 60-day grace period. During this time: consult immigration attorney about options (motion to reconsider vs appeal vs transfer), gather all denial documents and previous approvals, identify employers willing to file fresh H-1B transfer, consider change of status to alternative visa, and prepare for potential departure if no options work.
Grace period limitations:
Cannot work during 60-day period
Must file motion/transfer or leave within 60 days
Family members (H-4) also affected by your status change
Motion to Reconsider vs Appeal
Option | Timeline | Cost | Success Rate | When to Use |
|---|---|---|---|---|
Motion to Reconsider | Same officer reviews | $700 filing fee | Low (10-20%) | USCIS made clear factual error |
Appeal | Different office reviews | $675 filing fee | Very low (5-10%) | Legal interpretation dispute |
H-1B Transfer | New petition, new employer | Standard H-1B costs | Medium (50-70%) | Clear denial reason, new employer |
Change of Status | Different visa category | Varies | Varies | Alternative visa available (F-1, O-1, etc.) |
Motions and appeals rarely succeed. Better option usually is fresh H-1B transfer with different employer addressing denial reasons.
H-1B Transfer After Denial
New employer can file completely new H-1B petition even after denial. This isn't "appeal" but fresh petition. New employer must address why their petition differs from denied one and demonstrate you qualify for specialty occupation in their company context.
Transfer advantages:
Fresh evaluation by potentially different USCIS officer
New employer means new employer-employee relationship evidence
Can address specific denial reasons proactively
Higher success rate than motion/appeal
Transfer requirements:
Must file before 60-day grace period expires
New employer fully committed to sponsorship
Strong attorney who understands denial reasons
Comprehensive initial petition avoiding previous issues
Alternative Visa Categories
If H-1B path closed, explore alternatives. O-1A (extraordinary ability) for high achievers with strong credentials, L-1 if you can work for company abroad then transfer, F-1 if returning to school is option, or B-2 (tourist) to buy time while strategizing (but cannot work on B-2).
Some use denial as catalyst to pursue self-petition green card (EB-1A or EB-2 NIW) while on alternative visa status.
Preventing Future Denials
If extension is approved after RFE or you successfully transfer, strengthen future petitions by maintaining detailed project documentation, keeping evidence of specialty occupation requirements, ensuring salary always meets prevailing wage, maintaining employer-employee relationship evidence, and avoiding job changes without proper amendments.
Work closely with employer's immigration attorney on all future filings rather than treating them as routine paperwork.
Why Extensions Get Denied
Previous approval doesn't guarantee future approvals. Each petition is adjudicated independently. Common denial reasons include position no longer qualifying as specialty occupation (duties changed or USCIS disagrees with original classification), employer-employee relationship questioned (especially for consulting/staffing companies), company's financial viability concerns, wage issues (salary below prevailing wage), and fraud suspicion triggered by something in petition.
USCIS has become more aggressive since 2017 in scrutinizing H-1B petitions, particularly for IT consulting companies and contractor positions.
Understanding RFEs
RFE (Request for Evidence) is USCIS asking for additional documentation before deciding petition. It's not denial but serious warning. RFEs must be answered comprehensively within deadline (typically 30-90 days) or petition is automatically denied.
Common RFE topics:
Specialty occupation: Prove role requires bachelor's degree minimum
Employer-employee relationship: Prove employer has right to control work
Wage issues: Demonstrate salary meets prevailing wage
Beneficiary qualifications: Prove your degree qualifies you for role
Company viability: Financial documents showing company can pay salary
Responding to RFEs
Hire specialized H-1B attorney immediately - don't DIY RFE responses. Comprehensive response includes detailed letter addressing every RFE point, extensive documentation supporting specialty occupation, expert opinion letters if needed, employer letters with specific details, and client contracts/letters if consulting role.
RFE response timeline:
Days 1-7: Attorney reviews RFE, strategizes response
Days 8-30: Gather all evidence, draft detailed response
Days 31-60: Attorney finalizes, employer reviews
Days 61-80: File comprehensive response package
Never rush RFE responses. Take full time allowed to create strongest possible response.
After Denial: Immediate Steps
If petition denied despite RFE response, you enter 60-day grace period. During this time: consult immigration attorney about options (motion to reconsider vs appeal vs transfer), gather all denial documents and previous approvals, identify employers willing to file fresh H-1B transfer, consider change of status to alternative visa, and prepare for potential departure if no options work.
Grace period limitations:
Cannot work during 60-day period
Must file motion/transfer or leave within 60 days
Family members (H-4) also affected by your status change
Motion to Reconsider vs Appeal
Option | Timeline | Cost | Success Rate | When to Use |
|---|---|---|---|---|
Motion to Reconsider | Same officer reviews | $700 filing fee | Low (10-20%) | USCIS made clear factual error |
Appeal | Different office reviews | $675 filing fee | Very low (5-10%) | Legal interpretation dispute |
H-1B Transfer | New petition, new employer | Standard H-1B costs | Medium (50-70%) | Clear denial reason, new employer |
Change of Status | Different visa category | Varies | Varies | Alternative visa available (F-1, O-1, etc.) |
Motions and appeals rarely succeed. Better option usually is fresh H-1B transfer with different employer addressing denial reasons.
H-1B Transfer After Denial
New employer can file completely new H-1B petition even after denial. This isn't "appeal" but fresh petition. New employer must address why their petition differs from denied one and demonstrate you qualify for specialty occupation in their company context.
Transfer advantages:
Fresh evaluation by potentially different USCIS officer
New employer means new employer-employee relationship evidence
Can address specific denial reasons proactively
Higher success rate than motion/appeal
Transfer requirements:
Must file before 60-day grace period expires
New employer fully committed to sponsorship
Strong attorney who understands denial reasons
Comprehensive initial petition avoiding previous issues
Alternative Visa Categories
If H-1B path closed, explore alternatives. O-1A (extraordinary ability) for high achievers with strong credentials, L-1 if you can work for company abroad then transfer, F-1 if returning to school is option, or B-2 (tourist) to buy time while strategizing (but cannot work on B-2).
Some use denial as catalyst to pursue self-petition green card (EB-1A or EB-2 NIW) while on alternative visa status.
Preventing Future Denials
If extension is approved after RFE or you successfully transfer, strengthen future petitions by maintaining detailed project documentation, keeping evidence of specialty occupation requirements, ensuring salary always meets prevailing wage, maintaining employer-employee relationship evidence, and avoiding job changes without proper amendments.
Work closely with employer's immigration attorney on all future filings rather than treating them as routine paperwork.
Frequently Asked Questions
Can I work while RFE response is pending?
Yes, if you filed extension before current H-1B expired, you can continue working up to 240 days while petition is pending.
What's success rate of RFE responses?
Varies by issue. Specialty occupation RFEs: 40-60% approval after strong response. Employer-employee relationship: 30-50%. Quality of response matters enormously.
Can I transfer to new employer after denial?
Yes. New employer can file fresh H-1B transfer addressing denial reasons. Must file within 60-day grace period.
Should I appeal or do motion to reconsider?
Usually neither. Success rates very low (5-20%). Better to transfer to new employer with fresh petition or change to different visa.
What if I can't find new sponsor in 60 days?
Must leave U.S. Can continue job searching from abroad and return if new H-1B approved, or explore alternative visas like L-1 if applicable.
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