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Immigration Issues/Job isn't related to my educational degree

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QUESTION: I recently got a project that requires me to work as a data modeler. Even though I have received training in the field of data modeling, I don't have any formal education in this field. I have a masters degree in sociology and an MBA in global business.

My H1b was denied earlier this year because my company failed to establish employer-employee relationship. I will apply next year. I have 2 questions:

1) Should I not join the project as a data modeler? Will that impact my chances of getting a visa negatively?

2)Have my chances to get a visa next year diminished just because it was denied this year? Will my case be considered independently of the denial decision?

ANSWER: Hi,

If it can be established that a degree in Sociology or an MBA is relevant to the position of Data Modeler, then the H1B petition should be approved. Extra thought should go into the duties involved, and showing how the degree is helpful in performing the job, taking the profile of the employer into account as well as showing that other employees at the company with same or similar job titles, if applicable, have similar educational qualifications.

An H1B petition is considered independently of any earlier filing. However, as a practical matter, merely refiling an H1B petition through the same employer for the same position that has been denied earlier without putting forth stronger arguments in favor of approval with respect to the reason for denial is probably going to result in denial the second time as well

---------- FOLLOW-UP ----------

QUESTION: Hi,
I have one more question- if my project doesn't last for too long (say a day or a week), do I still have to show it on my résumé when I send it to USCIS?

Answer
Hi,

A resume is not required to be submitted with the H1B petition.

Submit your post-secondary degree certificates or diplomas and marksheets or transcripts, and credentials evaluation equating the foreign degree to the U.S. equivalent if you do not have a U.S. degree.

Employment experience can be described on the H1B support letter prepared by the employer, but it is optional if the position requires only a degree and not degree plus experience.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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