RFE denied. OPT STEM ends June 2019. Options?

Udacity MRddd
Jan 28 24 Comments

Hi, my H1B application is denied after waiting 10 months and a RFE. I'm from Hungary.

I suspect it is either because of wages issue or major mismatched issue. I studied electrical engineering but filed as data scientist.

My OPT STEM is ending in June 2019. So right now I want to know my options.

Here's some I listed out:
1) Ask my current company to file H1B again but tweak wages and job description.
2) Get new job with higher wages with more relevant position and file H1B (not sure if still in time for April cycle).
3) File greencard application but not sure about procedures of this (can anyone advice?).
4) Apply to company that does L1 visa transfers if next H1B gets rejected.
5) Immigrate to Canada.

Did anyone go through the same thing? Please share your wisdom and guidance to me! I will be forever grateful :)

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TOP 24 Comments
  • Why don't you go back to India?
    Jan 28 3
    • Udacity MRddd
      OP
      But I'm not from India, so how do I go back to India? 😢
      Jan 28
    • Express VECO
      Apply for an Indian tourist visa!
      Jan 28
    • DoubleVerify Karius123
      LMAO @ express
      Feb 1
  • Amazon ya!
    Don't bother with h1b. File greencard. You will get it in under 2 years. This may mean you have to be outside the US a year or so. So what. Sucks but life will go on and once you have it you will never have another US visa issue ever again, so find a company willing to locate you outside the US until you can come back.

    Procedure: company does labor market assessment to prove they need to hire a foreigner, then they file i140. Once i140 is approved you apply for greencard. If you are inside the US at that point you file i485 but if you are outside you can use "consular processing" to get greencard directly via ds260 application. Blinders don't know about that because they are Indians and never do that but you can.

    TLDR; company needs to sponsor your greencard.
    Jan 28 2
    • Udacity MRddd
      OP
      Wow this is very valuable. Have you gone through the process? Can I dm you for further questions?
      Jan 28
    • Amazon ya!
      I have done GC but was able to stay in the US. You can Google "consular processing" to learn about that but the start of the process including i140 part is the same regardless which way you go.
      Jan 28
  • PayPal wervziv
    India is not a bad option either! Just saying
    Jan 28 2
    • eBay / Data thatsit
      What about education loan?
      Jan 28
    • PayPal Guangzhou
      Where is it mentioned op is Indian?
      Jan 28
  • Brightcove mad_t00th
    Immigrate to Canada is probably your best bet. Getting denied probably flags you as a "possible immigrant intent" for couple of years at least.
    Jan 28 0
  • LinkedIn 闷闷的🐷
    Regarding point 3. On what basis do you think you qualify for a greencard?

    Regarding point 5. On what basis do you think Canada would want you?
    Jan 28 6
    • Udacity MRddd
      OP
      Canada immigration based on getting a job in Canada.
      Jan 28
    • LinkedIn 闷闷的🐷
      OK, I’ve never heard of anyone going from OPT to greencard directly. What is your country of birth?
      Jan 28
    • Udacity MRddd
      OP
      Hungary
      Jan 28
    • LinkedIn 闷闷的🐷
      OK, so you are not backlogged. But I don’t think 5 months is enough for you to go through PERM & i140 & everything.

      If refiling H1 doesn’t work out, your best bet is to work in a multinational corp and get L1 visa to come back. Since you are not backlogged you can get GC within a couple years after you come back.
      Jan 28
    • Udacity MRddd
      OP
      Thanks for the valuable comment
      Jan 28
  • Wayfair WNEm45
    Many data scientists were RFEd then rejected this year. I would suggest getting a higher paying job with a better legal firm.
    Jan 28 0
  • Broadcom Ltd. ELStine
    You need to find out why it is denied. You can also open law suit if you think you are wrongly denied. Also Apply for H1 this year. For backup start looking at another options. Make sure you don’t go out of status. You can also find girlfriend/boyfriend and marry her/him
    Jan 28 0
  • Amazon mmCN61
    If you are interested in Canada you can dm me (also from Hungary). I know some people in my office who are “parked” here until US visa is approved.
    Jan 28 0
  • AMD Marvell
    Also ask this in Reddit.com/r/USCIS and reddit.com/r/immigration
    Jan 28 0
  • Oracle MLman
    What’s your current base and TC ? Why was it rejected even after a data scientist title ?
    Jan 28 0
  • New / Other AuntHilda
    What was the offered wage? You can check the prevailing wage online.
    Jan 28 0