RFE for H1B transfer Urgent help please

[h1bjob]

I started to work for employer A from 2013 October until Dec 2016 on H1b. I was on bench starting Dec 1st  , All of a sudden Employer called me and asked me to transfer my H1B to some other employer as he is closing his company and he want me to do that with in 1 week. As I don't have any project no other employer have shown interest to transfer my H1b. Finally in Feb 2nd week 2017 I found a employer who filed my H1b transfer in March 2nd week with premium.

 

Now got an RFE  

 

Labor Condition Application

You must establish that your petition is supported by a Form ETA 903503) Labor Condition

Application (LCA) which corresponds with the proffered position described in the petition. You

provided an initial position description, along with an LCA for the position of software developer in

XXXXXXXCITY , XXXXXXXSTATE.

On the LCA, you have designated the position of software developer as a Level I wage (the lowest of

four assignable wage levels). The “Prevailing Wage Determination Policy Guidance” issued by theDepartment of Labor provides a description ofthe wage levels. A Level I wage is defined as:
Level I (entry) wage rates are assigned to job offers for beginning level employees who have
only a basic understanding of the occupation. These employees perform routine tasks that
require limited. if any? exercise of judgment. The tasks provide experience and familiarization
with the employer’s methods, practices. and programs. The employees may perform higher
level work for training and developmental purposes. These employees work under close
supervision and receive specific instructions on required tasks and results expected. Their work
is closely monitored and reviewed for accuracy. Statements that the job offer is for a research
fellow, a worker in training, or an intemshjp are indicators that a Level I wage should be
considered.

By designating the proffered position at a Level I wage, you indicate that the it is an entry-level
position of a comparatively low level relative to other positions within the occupation.

Your XXX XX , 2017 response for additional evidence included a detailed list of the position duties.
These include writing code in JAVA language, creating test cases using XX-XXand developing XXX
based and restful web services using XXX  XXX .

The duties described appear to be complex in nature, and may require a candidate with a sound
understanding of the occupation, who has attained, either through education or experience, special
skills or knowledge. In addition, these duties do not correspond to the Level I wage description as
they do not appear to encompass “only a basic understanding of the occupation.” The duties described
appear to contain more than “routine tasks that require limited, if any, exercise of judgment.”
Accordingly, it does not appear that a Level I wage designation would correspond to the proffered
position described in the petition, which you indicate normally requires the attaimnent of a bachelor's
degree or higher in a specific specialty, or its equivalent as a minimum requirement

You may submit additional evidence to satisfy this requirement. Evidence may include, but is not
limited to, a combination of the following or similar types of evidence:

• A letter explaining how the Level I wage designation LCA that you have provided corresponds to the proffered position.
• Documentation to support. that the Level I wage designation on the LCA corresponds to the proffered position.
• A new L-CA, with a different wage designation andi’or SOC code and title. If you submit a new LCA, you must provide an explanation for the change. Note that eligibility for H-lB employment must be established as of the date of filing the I- 129 petition. Therefore, the LCA
  must have been certified prior to the date of filing the 1-129 petition.

What to reply for this RFE , Will I stay in USA . What are my chances. 

This is for a friend of mine , Thanks in Advance 

 

[rohang]

This will not go thru, software engineer level 1. 

Let your friend contact a lawyer, and not rely on a forum for such a big decision.

[h1bjob]

7 hours ago, rohang said:

This will not go thru, software engineer level 1. 

Let your friend contact a lawyer, and not rely on a forum for such a big decision.

He is talking to lawyers , They say we never had such RFE . Not sure who to answer 

[h1bjob]

Help Please 

[rohang]

you are a good friend, but you are too much worried for someone else problem.

H1b has to be responded by an employer. You friend getting involved in this h1b process sounds fishy.

[h1bjob]

On 5/25/2017 at 8:53 PM, rohang said:

you are a good friend, but you are too much worried for someone else problem.

H1b has to be responded by an employer. You friend getting involved in this h1b process sounds fishy.

Do you know my friend cant reply to h1b query , He is just worried about his visa expiring and moving back to India with family.  employer will just say its complex to reply and the only option he has is to leave. So I we are trying to get suggestions here. Thanks for your concern 

[H1B0008]

I have got the same RFE. What about the status of your friend? @h1bjob

[Sruthi.nj]

On 7/6/2017 at 10:17 PM, H1B0008 said:

I have got the same RFE. What about the status of your friend? @h1bjob

Hi I got the same RFE today. Did you get any information from attorney whether if this one can be resolved. Please help

[Sruthi.nj]

On 5/30/2017 at 4:25 PM, h1bjob said:

Do you know my friend cant reply to h1b query , He is just worried about his visa expiring and moving back to India with family.  employer will just say its complex to reply and the only option he has is to leave. So I we are trying to get suggestions here. Thanks for your concern 

Hi Did your friend received any further advice on how to respond RFE. I got the same RFE and looking for some help.

[h1bjob]

15 hours ago, Sruthi.nj said:

Hi Did your friend received any further advice on how to respond RFE. I got the same RFE and looking for some help.

No , still waiting to respond 

[ronak4306]

I got the same RFE today. It mentioned, you selected level-1 wage but the job description does not match with the Level-1(entry) job tasks. Lawyer said it was the first time they saw something like this. They are trying to find more about it. I heard lot of people are getting similar queries for their petition. Please update if you guys know/hear anything. Will do the same. Thanks. 

[JoeF]

6 hours ago, ronak4306 said:

I got the same RFE today. It mentioned, you selected level-1 wage but the job description does not match with the Level-1(entry) job tasks. Lawyer said it was the first time they saw something like this. They are trying to find more about it. I heard lot of people are getting similar queries for their petition. Please update if you guys know/hear anything. Will do the same. Thanks. 

The proper way is to actually pay you at the appropriate level. If the lawyer didn't know about it he isn't a good lawyer. THis kind of stuff has been in the news for quite some time.

Shady companies file H1s with entry-level salary but higher duties, to save money. That is breaking the H1 rules. Get paid according to the duties. Problem solved.

 

[rdf]

I also got same RFE  two weeks ago, Lawyer don't know what to Reply , Does anybody have any idea what to do with this kind of RFE.

You may submit additional evidence to satisfy this requirement. Evidence may include, but is not
limited to, a combination of the following or similar types of evidence:

• A letter explaining how the Level I wage designation LCA that you have provided corresponds to the proffered position.
• Documentation to support. that the Level I wage designation on the LCA corresponds to the proffered position.
• A new L-CA, with a different wage designation andi’or SOC code and title. If you submit a new LCA, you must provide an explanation for the change. Note that eligibility for H-lB employment must be established as of the date of filing the I- 129 petition. Therefore, the LCA
  must have been certified prior to the date of filing the 1-129 petition.

[Amlf]

I am also on the boat and I see few of my friends also got the same rfe , is there a way  we can get approval , really appreciate if experts can comment here on the options.

[AiAsk1310]

Hello All,

Was the problem resolved for anyone and were you able to send proper RFE response to this issue?

What are the options? Can a new LCA created for higher wage level and resubmitted again or should they employer give a letter of explanation for wage level 1 only?

Did the USICS accept anyone's letter of explanation so far?

Any help is much appreciated!!

[Aandavaa]

Iam also in the smae boat.  Did any one overcome this problem?

[deepd]

Hi, 

 I also got the same RFE. Anyone has got approval after responding to this RFE? 

Question :-

1.If My employer revoke this H1 application, will it cause any issues for my future H1b or H4 EAD applications?

2. If i do not respond this RFE what will happen to my H1 application? 

3. If i don't respond will it cause any issues for my future H1b or H4 EAD applications?

4.Should i respond this RFE and wait for the result and then apply for Change of Status to H4 [ my I-94 expired on 31st aug 2017] [My husband has valid H1 visa and I-140 approved ]  or should i start Change of Status application now before replying to RFE , Any suggestions?

 

 

Thanks a lot in advance .

 

 

 

[AishwaryaAnand]

I had the same issue at the time of filing my extension on Sep 7th . Our company attorney will be responding on this issue.