You may have applied for a H1B expansion, yet you're not all that confident that it will be a successful attempt. Many people from everywhere the world need to experience the American dream, so they are making an honest effort to get a H1B visa. However, the administration of the U.S. needs to ensure there are less H1B visa laborers and that abuse on the H1B visa is diminished. The augmentation cycle is influenced by the ongoing changes as well, so what would you be able to do if you have your H1B expansion denied?
What Is a H1B Extension?
A H1B extension refers to the way toward expanding your visa. As a H1B visa specialist, you have a time of 3 years during which you can remain in the U.S. furthermore, work. When this present period's end approaches, you can apply for an extension, and consequently stretch out the visa to a sum of 6 years. Just 3 years can be mentioned on a given H appeal, however.
An expansion can be asked when the person needs to continue working and living in the U.S., or if they are wanting to secure new positions or work towards a green card.
Top Reasons for a H1B Extension Denial
Did you have your H1B expansion denied? Indeed, this can occur for a couple of reasons. Thus, on the off chance that you apply for an augmentation and it gets denied, it's fundamental to know the explanation. Here are some potential circumstances when your extension request might be denied.
1. Petitioner's Requirements
As a general rule, a H1B extension application is denied on the grounds that the employer responsible for requesting of doesn't meet the requirements. The employer needs to give some appropriate documentation while appealing, for example, organization financial reports, property lease data, charge documentation, and dynamic agreements that demonstrate enough specialty occupation work. Also that the employer should also give documents that demonstrate they have a set up area. Site printouts, licenses, brochures, and anything of the sort can prove it.
Many employers don't meet the requirements since they seem as they don't have a set up U.S. organization, they don't appear to be genuine and some other issues. This is the reason documentation is expected to prove that the business is genuine and working. Lacking them will ruin the entire application.
2. You Lack Specialized Knowledge
Another reason why a H1B expansion could be denied is that the business offered doesn't have a "strength occupation" capability. The employer needs to prove that they have a four year certification or higher or possibly is equivalent to the minimum particular position requirement. Fundamentally, the representative must have the option to prove the information or skill had in that specific field identified with the work.
The candidate likewise needs to get proof of the resume of the employee, just as experience letters from previous employers. These are important to expand the chances of having the extension acknowledged, or else there’s a risk of denial.
3. Insufficient Proof of Employer/Employee Relationship
To have a H1B extension acknowledged, the business needs to carry some confirmation of the relationship with the employee. Essentially, they should show a work site or area where the H1B owner will work. In any case, if the appeal says that the employee will work at the customer area, there will be a couple of concerns. USIC might be wondering whether the H1B worker will really be working for the requesting of employer, or the employer is acting a specific way just to get by the rules.
In this way, your manager should bring proof that you will work and be "controlled" by the appealing to employer. Additionally, there should be evidence that the subcontracting organization will have no authority over you. Likewise, there must be a H1B application submitted, just as work contract agreements between the outsider worksite and petitioner.
4. Fees Not Paid or Insufficient
There are charges related with the H1B expansion, so if you don't pay them or on the off chance that you pay an incomplete amount, the request will be, obviously, denied. Try to consistently check the measure of money needed for the expansion, as it might change over the long time. The recording charge for the I-129 appeal, for example, went from $325 to $460, while the extra expenses developed from $2000 to $4000.
5. Employer Unable to Pay Prevailing Wage
The employer must have the option to pay the prevailing pay. If they don't have cash for it or basically don't pay it, your expansion will be denied. The Department of Labor says that the "normal compensation paid to similarly utilized specialists in a particular occupation in the zone of planned work is known as a prevailing wage." So, your employer requirements to document the prevailing wage request and sort out the pay for your occupation in the nation you live in.
6. Prior Violations of Immigration Law
Are there any immigration laws that have been violated by you or your employer? If the appropriate response is "yes", at that point your H1B extension will be denied. You need to consider working with an immigration legal advisor to choose what to do to forestall a refusal. Regular purposes behind the visa augmentation refusal could incorporate inability to keep up the H1B visa capabilities, boss deceitfully exploiting the migration framework, or carrying out a wrongdoing in the U.S.
