H1 amendment denied after RFE

Amazon d_schrute
Jun 15 34 Comments

My internal transfer to a different team required a visa amendment and got denied after a RFE. What are my options outside of going back to my previous team? The denial was apparently because of speciality occupation not requiring H1.

comments

Want to comment? LOG IN or SIGN UP
TOP 34 Comments
  • Splunk
    urueuuru

    Splunk

    PRE
    Google, Facebook, Amazon
    urueuurumore
    Op which school did you go for MBA? Clearly with that statement “I have a MBA as well”; I highly doubt your degree.
    Jun 15 5
    • Wayfair / Eng
      lLmi30

      Wayfair Eng

      PRE
      Wayfair, Cognizant, Tech Mahindra
      BIO
      software engineer
      lLmi30more
      Dont think the school matters here, from what I understand.
      Jun 15
    • Amazon d_schrute
      OP
      Went to a Tier 1 school :)
      Jun 15
    • Verisk Analytics acloudguru
      Dwight which tier 1 school? This is sad. Sorry to hear.
      Jun 15
    • CVS Health Canada🇨🇦
      Problem is with your user name buddy. Change it and apply again.
      Jun 15
    • He could be Pam, and he'd still be RFE'd because receptionist is not a speciality occupation.
      Jun 16
    • Amazon d_schrute
      OP
      Thanks! I heard a similar thing for my case where they claimed comparable companies cited was not similar to amazon :/ i think the general lesson when one gets an RFE is not go for premium processing so you get a longer run way to find another job assuming it will be denied.
      Jun 16
    • Amazon top quark
      Interesting link!

      Summarizing:

      The basis of the RFE is that the original petition listed different degrees (marketing or computer science) and not a single specialty.

      The petition tried to correct that in RFE but USCIS then took extremely narrow positions to reject their evidence (job posting from other companies rejected because they had different revenues, CV's of people in similar positions rejected because they were paid slightly more).

      But it all comes back to the initial petition not requiring a specific degree.
      Jun 16
  • Amazon top quark
    Well the good news is that "previous team" should include any team in the same legal entity and the same city as your old team, provided you do the old job as well. So basically any team in AWS.
    Jun 16 0
  • Microsoft ‘/\’
    Did you have to go through I140 labor certification again before the change? That should be an evidence for H1.

    And I am not sure what the options are. You should consult your legal team ASAP.
    Jun 15 0
  • Amazon HAzq58
    😮 which job category. And are you changing employer entity? Such as from retail to aws? But I thought they have unified the entity.
    Jun 15 0
  • Amazon tolkien
    Given the amendment to the new team was denied, wouldnt your current application with the existing team remain intact?
    Jun 15 5
    • Wayfair / Eng
      lLmi30

      Wayfair Eng

      PRE
      Wayfair, Cognizant, Tech Mahindra
      BIO
      software engineer
      lLmi30more
      It could be that OP already left the team, hoping that the chances of a denial are extremely low since it's the same company.
      Jun 15
    • Amazon d_schrute
      OP
      Yes I left the previous team. I am trying to understand if there are any options folks have explored outside of going back to the previous role.
      Jun 15
    • Amazon tolkien
      I know someone in another company did this and succeeded after their first transfer was denied - they reapplied for another position that was relatively more 'specialized' and aligned with their education so there was less room for subjectivity. Either way, wish you good luck and hope you find a way out.
      Jun 15
    • Amazon d_schrute
      OP
      Thanks! Do you know if the other role had a similar title?
      Jun 15
    • Amazon tolkien
      Yea definitely similar sounding title
      Jun 15
  • Wayfair / Eng
    lLmi30

    Wayfair Eng

    PRE
    Wayfair, Cognizant, Tech Mahindra
    BIO
    software engineer
    lLmi30more
    Apply again or contest it? Isn't Fragomen taking care of it.
    Jun 15 5
    • Amazon d_schrute
      OP
      Apparently it takes a year or 2 to contest it but in the meantime I can’t stay in the same team
      Jun 15
    • Wayfair / Eng
      lLmi30

      Wayfair Eng

      PRE
      Wayfair, Cognizant, Tech Mahindra
      BIO
      software engineer
      lLmi30more
      This is really weird. What's your bachelors and masters in? There has to be a valid reason they denied it -

      1. is your job description matching the degree.
      2. Are the paying u a good wage.

      Something must have been off.
      Jun 15
    • Amazon d_schrute
      OP
      Yes, EE In bachelors and masters and it is in the job description and the pay is good as well. Not sure what is off
      Jun 15
    • Wayfair / Eng
      lLmi30

      Wayfair Eng

      PRE
      Wayfair, Cognizant, Tech Mahindra
      BIO
      software engineer
      lLmi30more
      What was the reason again, could you state clearly? Not sure I understand.
      Jun 15
    • Amazon d_schrute
      OP
      The reason for the RFE was PMT is not specialized to require H1 and my skills don’t match the job requirement. Apparently they didn’t buy the expert opinion presented by the attorneys
      Jun 15
  • Wayfair / Eng
    lLmi30

    Wayfair Eng

    PRE
    Wayfair, Cognizant, Tech Mahindra
    BIO
    software engineer
    lLmi30more
    I think it's the problem with the product management role. Could be that it requires some sort of a management degree. USCIS adjudicates every new application independent of previously approved applications. I checked the job descriptions of PM's and almost all of them mention management degree. They could have argued that electrical engineering has nothing to do with product manager, which means that they could probably find an American citizen to this job.
    Jun 15 3
    • Amazon d_schrute
      OP
      I have a MBA as well
      Jun 15
    • Wayfair / Eng
      lLmi30

      Wayfair Eng

      PRE
      Wayfair, Cognizant, Tech Mahindra
      BIO
      software engineer
      lLmi30more
      Oh damn, your case seems pretty strong then, not sure why they denied it. I am under transfer rfe with aws as well and have done a lot of research under this topic. This is unfortunate. I am sorry to hear this.
      Jun 15
    • Amazon / Eng Yolo!
      Product Manager is not a speciality occupation. It’s been every clear over the last year or so; Program Manager, Product Manager, Product Manager Technical, Technical Program Manager are all getting RFE and high denial rate.
      Jun 15
  • Amazon WVAl42
    Wow this is scary. Sorry this had to happen. Wonder if it means that Fragomen are not doing a good enough job. Did you look at the entire RFE response before they sent it?
    Jun 15 1
    • Amazon d_schrute
      OP
      I did not. And now it is BAL which seems worse than fragomen
      Jun 16
  • Walmart PDoB45
    Were you able continue working on your previous H1B ?
    Oct 6 0
  • Google / Eng L7 👁️
    Op are you from India? Do you already have i140?
    Jun 16 0
  • Amazon d_schrute
    OP
    Program manager to Product manager, different entity - AWS to Retail
    Jun 15 0
  • Facebook greenbelt
    Oh! This RFE business is so scary
    Jun 15 0