Please explain this legal term:

"The non immigrant visa petition filed to extend classification of the
benificiary under section;
101 (a)(15)(H)(i)(b) of the act has been denied."

H1B visa applied for me by my employer has been denied. Please let me
know urgently what 101 (a)(15)(H)(i)(b) of the act means as far as
denial is concerned.
Thank you,
RR

---

Clarification of Question by vzsr8l-ga on 28 Aug 2004 07:52 PDT

I am modifying the question slightly:

I am not asking legal advise. I just want explanation of the meaning
of the statement. Please explain the statement:

" The extension of stay requested on behalf of the benificiary be
denied for the following reason:

'The non immigrant visa petition filed to extend classification of the
benificiary under section;
101 (a)(15)(H)(i)(b) of the act has been denied.'

---------
H1B visa applied for me by my employer has been denied. Please let me
know urgently what 101 (a)(15)(H)(i)(b) of the act means as far as
denial is concerned.
Thank you,
RR

The so-called H1B visas for allowing foreign nationals to work in the
US are a reference to Section H1B of the Immigration and Nationality
Act (INA).  The full reference for this section is the citation you
provided:


101 (a)(15)(H)(i)(b)


The complete text of the INA can be found here:


http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-22/slb-457?f=templates&fn=document-frame.htm
IMMIGRATION AND NATIONALITY ACT

and the specific language for each section is below:


Sec. 101--DEFINITIONS 

 (a) As used in this Act- 

(15) The term "immigrant" means every alien except an alien who is
within one of the following classes of nonimmigrant aliens

(H) an alien 

(i) [footnote 3a/3b] (b) subject to section 212(j)(2), who is coming
temporarily to the United States to perform services (other than
services described in subclause (a) during the period in which such
subclause applies and other than services described in subclause
(ii)(a) or in subparagraph (O) or (P)) in a specialty occupation
described in section 214(i)(1) or as a fashion model, who meets the
requirements for the occupation specified in section 214(i)(2) or, in
the case of a fashion model, is of distinguished merit and ability,
and with respect to whom the Secretary of Labor determines and
certifies to the Attorney General that the intending employer has
filed with the Secretary an application under section 3b/ 212(n)(1),
or (b1) who is entitled to enter the United States under and in
pursuance of the provisions of an agreement listed in section
214(g)(8)(A), who is engaged in a specialty occupation described in
section 214(i)(3), and with respect to whom the Secretary of Labor
determines and certifies to the Secretary of Homeland Security and the
Secretary of State that the intending employer has filed with the
Secretary of Labor an attestation under section 212(t)(1)...


==========

That probably doesn't help as much as you might have hoped!

Reading federal law is no picnic, and I am not a lawyer myself, so
take any interpretations/advice with appropriate grains of salt.  But,
here are a few things to note:

--the actual text of the above language is hyperlinked, so by going to
the webpage, you can jump right to other sections of the law (or to
footnotes) as they appear in the text.  This way, you can check on the
relevance of things like "...a specialty occupation described in
section 214(i)(3)..."

--Essentially, the letter you received just seems to say that your
application for an H1B visa was turned down, pursuant to the H1b
section of the law. The excerpts you mentioned don't offer any insight
as to *why* the application was rejected...it merely says, in effect,
it was turned down because it was turned down.   I'm not sure you'll
find any additional insights in pursuing the language of this section
of the law too deeply.

--If your would-be employer is keen on having you on-board, they may
be willing to engage the services of an immigration lawyer to see
options may be  available to you at this point.

Hope this is what you needed.  Best of luck to you.


pafalafa-ga



search strategy --  Google search on:  101 (a)(15)(H)(i)(b)

---

Request for Answer Clarification by vzsr8l-ga on 29 Aug 2004 07:41 PDT

Thank you for responding. The terms in the section hardly means
anything. That is why I asked this question in Google to know in
simple one sentense why my visa was denied or various situations H1B
visa will be denied. You will have helped me a lot if you can get some
information which can be interpreted in plain english. I am not
expecting 100% acuracy of the answer. I don't blame even if the answer
is wrong!

---

Clarification of Answer by pafalafa-ga on 29 Aug 2004 08:46 PDT

I wish you the best with your situation.  I understood your question
to be asking about a very particular section of the law, but it seems
now you are really looking to understand the reason for the denial of
yhe H1B visa, and your options at this point.

I think this site may offer some guidance in this respect:

http://uscis.gov/graphics/howdoi/RepealDenial.htm
Administrative Appeals Unit:
How Do I Appeal the Denial of My Petition or Application?


Note that it soes not appear that YOU can file an appeal -- only the
employer who asked for the H1B visa can appeal:

"For instance, if a United States employer petitioned for an immigrant
visa for an employee living abroad, only the United States employer
may appeal the denial. The employee living abroad may not appeal the
denial."


As to why the application was denied in the first place, the
information you provided in your question does not offer any clue...it
would appear that only the Immigration service knows the answer to
this, and apparently, they didn't feel compelled to spell it out in
their letter.
 
I hope this is of some help, and again, best of luck.


pafalafa-ga

Thanks for researcher. The researcher has tried to answer. Probably
this question is out of his expertise and legal terms are hard to
answer.