Asking for a friend: my friend's h1b petition was denied after rfe. If he keeps working for same company and same profile, is there any chance of h1b approval in next lottery ? He works in Autodesk as full time data analyst
Depends on reason for RFE and denial. Sometimes the job description is inaccurate or somehow deemed unqualified for H1b due to nature of work. But I have seen h1bs getting approved after denial too, probably needs a little bit of luck and a modification of the job text. Remember that it's never the same officer or set of people who review the case each time... Different people have different perspectives, which matters a lot in this
Your friend works full time or consultancy?
Autodesk full-time data analyst
Ohh data analyst. Not sure if it is speciality occupation, I am guessing RFE and denial is based on speciality occupation. I can't believe Pearl immigration messed this up though, I thought they were pretty good
Totally depends on the reason. Why was he or she RFE’d and denied?
Can you reverse denied decision by fixing provided reason and resubmitting the petition? Or you have to file petition again with fixes in new lottery ?
Still need the info I originally asked for to begin to answer. I can’t provide direct advice but I can point you in the right direction as to publicly available resources that may help.
@Op why was he denied, performance?
What was the company he was moving to and what role ?
1) Did your friend receive RFE? what's the reason of the RFE? 2) Did the manager know about this and what's the manager's opinion? 3) Is this your friend's first H1b? or a transfer? I got H1b approval(after RFE) from Autodesk last year, I was afraid of denial so I discussed my options with the lawyer. From that conversion: You can appeal the denial but less likely to get approve, if it's a transfer you can also refile - I know many people get approved after they refile the same application. But the key is - it all depends on your friend's manager's decision, if the manager doesn't want to invest too much time/effort on this, then better looking for other jobs
No need to go for lottery, he can dingy new job and re-open case.