Legal Question in Immigration Law in California

H1 Transfer Denied -URGENT

Hi, My H1 transfer got denied for the following reason,.

As the record does not contain documentation that establishes the specific duties the beneficiary would perform under contract for a third party client, the USCIS cannot analyze whether these duties would require at least a baccalaureate degree or the equivalent in a specific specialty, as required for classification as a specialty occupation. Accordingly, the petitioner has not established that the proposed position qualifies for classification as a specialty occupation under any of the criteria at 8 C.F.R. 214.2(h)(4)(iii)(A) or 8 C.F.R. 214.2(h)(1)(B)(1).

The petitioner also failed to submit an LCA certified for the location of intended employment. The petitioner has stated that the beneficiary would be working at a client site in XXXX, and it submitted an LCA certified for employment in ZZZZ.

What are my chances of my case approval if I file MTR?

My previous H1 is still valid for couple of months, can I transfer it to other company other than the denied company?

Attorneys please do reply your openion and my chances.

Thanks

1 Answer from Attorneys

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