I am working in US since 7yrs.I changed my job 2 months back. I m working as direct employee. I came for vacation in India and during Visa stamping got 221g. My academic background is chemical engineering. I did post graduation diploma in computer and changed my field to IT. My total experience is 12 yrs. In 221 g they requested documents like resume, invitation letter,research,publications etc. It is most likely TAL. My query is do they apply recent memo for specialty occupation during stamping?
The Consular officer does not deny the H1B petition, but he or she can have petition returned to USCIS to have revocation review. If USCIS agrees with Consular interpretation, then USCIS sends a notice to the employer about intention to revoke the petition (NOIR), and then the employer chooses to respond as needed. From your description, it seems like the consular officer has not made a decision to approve or deny the visa, so you should work with the immigration attorney for the company in responding to the request to help establish that you meet the requirements for an H1B as it had been described in the petition.
I don't see why you are concluding that this is a "specialty occupation" issue when the documents requested are pretty generic for H-1B(s)
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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