H1B amendment RFE and Denial

I moved to USA on H1 in 2021. My original petition was filed and approved (no RFE) for “Embedded Engineer” from Dallas, TX in 2020. However, due to Covid I couldn’t travel for 1 year. And then when I traveled I had to move to California. So, my company filed Amendment for the same role (similar LCA) in California. However, that got RFE and later denial. The reason given was my Degree (Biomedical Engineering) doesn’t match LCS requirements of “Electronic”. So, I left USA immediately and re-entered. My company filed new Amendment in premium, and this time we included detailed experience letter from my all previous companies. I’ve in total 12 years of experience in Embedded. However, we got the RFE this time as well with same reason. We are yet to reply that RFE.

Now I want to know:

  1. What are the chances of Amendment approval here? Can we add a strong cover letter establishing connections between my education courses related to Elections and experience? As a matter of fact we already submitted my college transcripts which does have Elections courses but degree is Biomedical Engineering.
  2. What are my options?
  3. Can my company file new LCA and change this Electronic keyword and file new Amendment before replying this RFE?
  4. Can I transfer my H1B to new employer? What are my chances of approval? I’ll be getting similar role.
  5. If this RFE is denied, can I go back to my original petition location (Dallas, TX) and continue working?

Thanks in advance.

To establish close ties between your degree and your job role, you must highlight not just the electronics engineering course you did in college but also the experience in the related field from your past jobs. I would recommend adding some write up on projects you worked on in your past jobs, and copy of design documents and related details that establish the work in embedded electronics and explain how it is related and relevant to your H1B job role.
Work closely with your employer’s immigration lawyer to respond to the RFE.

No option as of now except respond to the RFE with strong documentation.

Not unless your have responded to the RFE.

Of similar role than you can still get the same type of RFE.

Yes, you can go back to old location. Amendment denial doesn’t impact your original approved petition. Again you need to work closely with your employer and their immigration lawyer.

Hi Kalpesh,

I really appreciate your detailed response. I’ve few updates which I got to know recently.

  1. I looked up both the LCA (my original texas petition and new Amendment LCA). My original LCA of TX had SOC Occupation Title as “Software Developers, System Software”. But my amendment LCA had “Electronic, Except Computer”. So, my original petition got approved without any RFE but amendment got denial once and now on 2nd try we got RFE (yet to be replied). So, I believe if my employer can make new LCA with same SOC of original LCA, it should be fine. Am I right here?

  2. While applying Second amendment we already provided detailed job description from all my employers. So, now I don’t think we have something new to reply in RFE this time. Hence, I am thinking to ask my Employer not to reply this RFE immediately (we have time till September to reply) but rather expedite new LCA process and new Amendment with new LCA (aligning SOC Occupation Title). Is this approach right?

I am closely working with my Employer and their attorney but because of this mess up, I really don’t trust them and hence asking your opinion.

Thanks in advance!!

I would suggest reviewing your situation and options with your employer and their immigration lawyer and follow their advice.

You may consult another lawyer for second opinion.

Hi Kalpesh,

Thanks for revert. I am already working with my Employer and their attorney. I was trying to take your second opinion here. :slight_smile:


Okay, first of all I am not an immigration lawyer :-). I try to answer and help out people of this and few other forums based on my extensive experience with navigatin the US immigration system and the knowledge gained over the period of time.
The fact that I do not have all the details around your case, I do not want to end up mis-guiding someone and complicate things further. You lawyers have the most knowledge about your case and so you must trust them and let them handle the next steps. If you doubt your current lawyer, consult another and get second opinion.