H1B RFE (Form I129) 2013

[manjubathi]

Hi all,

 

Received an RFE on my H1B Petition for: BENEFICIARY QUALIFICATIONS:

 

"It appears that the beneficiary may be qualified to perform services in a specialtity occupation through a combination of eductaion, specialzed trainign and/or work experience in areas related to the speciality, Please submit an evaluation from an official who has the authority to grant college-level cedirt for traning and/or experience in the speciality at an accredited college or university, which has a program for granting such credit based on an individual training and/or work experience.

 

With the evaluation, the official must include a letter from the dean or provost of the official's affiliated educational instituion, stating that the evaluating official has the authority to grant college-level credit for training and/or experience.  the deam or provost must also state in the letter whether the affiliated educational institution has a program for granting credit based on an individual's traning and/or work experience.

 

If you wish USCIS to make a determination on the equivalence of the beneficiary's work experience, provide documentation to demostrate that:

 

1. The beneficiary's work experience included the theoretical and practical application of specialized knowledge required by the speciality;

 

2. The claimed experience was gained while wokring with peers, supervisors, and/or subordinates who hve a degree or equivalent in the speciality; and

 

3. The beneficiary has recognition of expertise in the speciality evidenced by at least one type of documentation such as;

   

(A) Recognition of expertise in the speciality occupation by atleast two recognized authorities in the same speciality occupation;

(B) Membership in a recognized foreign or US association or society in the speciality occupation.

© Published material by or about the alien in professional publications, trade journals, or major newspapers;

(D) Licensure or registration to practice the speciality occupation in a foreign country: or

(E) Achievement that a recognized authority has determined to be significant contributions to the field of the speciality occupation.

 

Documentation should be submitted to support the evaluation, such a letter from peers, supervisors and/or subordinates who worked with the beneficiary and can attest to his claimed experience, awards issued to the beneficiary; license or registration of the beneficiary to practice the speciality occupation etc."

 

Please reply what is the best way to respond to this kind of RFE.

Is it just referrring to educational evaluations? or something else too?

What are the documents or evaluations to be sent? Where can I get the evaluation done?

Is this a common RFE or too complicated?

What are the possibilities of approval?

 

I would appreciate all sort of replies and help. I should respond by Sep 23, 2013.

 

Thanks

Manju

 

 

 

[rahul412]

Looks like it's related to your education qualification.

If possible can you share your educational background and the H1 job description??

[JoeF]

Does the employer have a lawyer? If not, they should get one. Lawyers know about education evaluations.

[manjubathi]

@Rahul412: Education Qualifications: 3 yrs Diploma in Computer Science + 3 yrs of Bachelor's Degree in Computer Science.

 

@JoeF: Yes they do have a lawyer. But he has been very calm and says its nothing much to worry about and would reply just with the educational evaluations. But I am not sure if that would be sufficient enough for the USCIS to approve the case. Please suggest if just the evaluations would be enough to reply for the RFE or need something else too..???

[rahul412]

@Rahul412: Education Qualifications: 3 yrs Diploma in Computer Science + 3 yrs of Bachelor's Degree in Computer Science.

 

@JoeF: Yes they do have a lawyer. But he has been very calm and says its nothing much to worry about and would reply just with the educational evaluations. But I am not sure if that would be sufficient enough for the USCIS to approve the case. Please suggest if just the evaluations would be enough to reply for the RFE or need something else too..???

So it looks your attorney is handling it, so no need to worry about that.

[manjubathi]

@rahul412: Do you think its just the Educational Evauluation which needs to be sent to USCIS and nothing else?

[rahul412]

@rahul412: Do you think its just the Educational Evauluation which needs to be sent to USCIS and nothing else?

I don't know. Only your attorney and employer knows about that.

[JoeF]

Let the lawyer handle it.

[manjubathi]

@rahul412 & @JoeF: Thanks Guys..!!

[jaganmohansyd]

Hi,

Even my case is similar to this,

 

My H1B application got an RFC asking to produce a OFFER LETTER to the employee, which we have sent to UCICS. To our surprise the H1B application was rejected stating that speciality occupation!. My atorney told me that the Rejection reason is not in-line to the RFE at all also with regards to Specialized occupation reason i have a very important thing to highlight is I am a Bachelors in Computer science & Engineering (4Yrs) and Master in technology in Computer Science & Engineering(2 Yrs) and the Job position which I applied is also in field of computer science plus Iam certified in the technology for which I applied for also I have 10 Years of Experiance too. I have a valid B1 Visa till 2018 which I got in 2008. I have also worked in UK,Canada,Honk Kong in work permits stating clearly in software proving my ability.Now the question is as we have given ALL the documents what UCICS asked and also completly satisfy the requirement for specialized occupation, What are Chances of getting the H1B denial to be Revered??? How much time will it Take for the result ?

 

Please assist

 

Thanks

[axbycz3]

I got a similar RFE. my H1b has been extended in 2013 until 2016. My employer has applied for H1B Amendment in Feb 2014 when i moved to a new location and got it approved too. Suddenly last week, I received this RFE asking for my educational evaluation and experience. Infact i had my education evaluation done already in the past but now they are asking for more detailed one. I have MS in Mechanical Engg and my job is Programmer Analyst. I have taken mulitple computer courses in my Masters Degree and have been working as Programmer Analyst from last 7 years. I had RFE everytime asking for education evaluation and got it approved everytime but those were only when i was applying or extending my H1b. This one is out of blue. Does anyone has similar exp. My employer is taking care of it too. 

 

Jagan/manju...can you let me know how was your experience and whether it got approved. 

[rahul412]

I got a similar RFE. my H1b has been extended in 2013 until 2016. My employer has applied for H1B Amendment in Feb 2014 when i moved to a new location and got it approved too. Suddenly last week, I received this RFE asking for my educational evaluation and experience. Infact i had my education evaluation done already in the past but now they are asking for more detailed one. I have MS in Mechanical Engg and my job is Programmer Analyst. I have taken mulitple computer courses in my Masters Degree and have been working as Programmer Analyst from last 7 years. I had RFE everytime asking for education evaluation and got it approved everytime but those were only when i was applying or extending my H1b. This one is out of blue. Does anyone has similar exp. My employer is taking care of it too. 

 

Jagan/manju...can you let me know how was your experience and whether it got approved. 

It looks like USCIS just woke up or just a random check.

Submit the evaluation report and you are good to go. According to the rules, for H1 job you need to have a degree related to that job.