RFE denied. OPT STEM ends June 2019. Options?

Jan 28, 2019 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
  • New
    TC:OMG๐Ÿฅบ

    New

    TC:OMG๐Ÿฅบ
    Why don't you go back to India?
    Jan 28, 2019 3
  • PayPal
    wervziv

    Go to company page PayPal

    wervziv
    India is not a bad option either! Just saying
    Jan 28, 2019 2
  • Amazon
    ya!

    Go to company page 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, 2019 2
    • OP
      Wow this is very valuable. Have you gone through the process? Can I dm you for further questions?
      Jan 28, 2019
    • Amazon
      ya!

      Go to company page 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, 2019
  • 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, 2019 0
  • LinkedIn
    ้—ท้—ท็š„๐Ÿท

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    ้—ท้—ท็š„๐Ÿท
    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, 2019 6
    • LinkedIn
      ้—ท้—ท็š„๐Ÿท

      Go to company page LinkedIn

      ้—ท้—ท็š„๐Ÿท
      OK, so you are not backlogged. But I donโ€™t think 5 months is enough for you to go through PERM & i140 & everything.

      If refiling H1 doesnโ€™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, 2019
    • OP
      Thanks for the valuable comment
      Jan 28, 2019