Legal Question in Immigration Law in India

H1B from India

Hi

This is on behalf of my brother.

My brother is working with India's leading software company called TCS since last 5 months. Before that he was working with ICICI Infotech, another renowned company. He has total 3 years of work experience in the field of IT.

He finished his bachelors in computer science (BCS) which is 10+2+3 years course from government recognized institute. Then he finished his masters MS(IT) from one private institute which is also well known in india.

Recently TCS had selected him to file his H1B visa. They had sent all his documents to icets in NY. (icets dot com) Later icets replied that my brother is not eligible for H1 as his MS degree is not accredited by govt of india.

I have seen many people here who are here on H1B but have same bachelors degree.

Plese let me know under what circumstances they came to conclusion that he is not eligible for H1B.

Thanks

Ravi


Asked on 2/14/08, 9:59 am

2 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: H1B from India

You have got a real good case. Yes the High Commision has got some rules which they have to follow in case of authenticity of the educational institutions of India. But you may file an appeal with the help of an attorney in America who can tackle this problem easily.

I would be able to formulate some more advice if you send me the rejection letter in which they have stated grounds for the rejection.

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Answered on 2/14/08, 10:19 am
Caridad Cardinale Pastor & Associates, P.C.

Re: H1B from India

There should be a denial notice from USCIS that would explain the basis for the denial. Your brother should have that reviewed with a U.S. attorney who specializes in immigration law.

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Answered on 2/18/08, 9:18 am


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