New H1b RFE for specialty occupation - Please help

nitinpatel1987

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nitinpatel1987 Newbie

nitinpatel1987

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Can someone throw some light on my RFE case for specialty occupation:

The following is what they requesting

1) Detailed job description, % spent on each duty, degree reqd for each duty & organization chart.
2) Evidence to provide that degree req is common to industry.
3) Evidence to provide that my position is common to similar industries.
4) Job announcement- copies of past & present job announcement (class field ads etc.)
5) Past employment practice: provide evidence showing employer has a past practice of hiring candidates with a min of bachelors degree for this position, no of people employed in this position their transcripts and wage statements.
6) petitioner product & services
7) nature of position: Explain in laymen terms what differentiates the position from other non-specialty occupation
8) Employers federal income tax
9) business licence
10) company profile (pamphlets, websites, brochures etc.)

Anybody else got a similar RFE? what are the approval chances for this kind of RFE’s?

Don't really know whats gonna happen.

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jairichi Advanced Member

jairichi

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Can someone throw some light on my RFE case for specialty occupation:

The following is what they requesting

1) Detailed job description, % spent on each duty, degree reqd for each duty & organization chart.

2) Evidence to provide that degree req is common to industry.

3) Evidence to provide that my position is common to similar industries.

4) Job announcement- copies of past & present job announcement (class field ads etc.)

5) Past employment practice: provide evidence showing employer has a past practice of hiring candidates with a min of bachelors degree for this position, no of people employed in this position their transcripts and wage statements.

6) petitioner product & services

7) nature of position: Explain in laymen terms what differentiates the position from other non-specialty occupation

8) Employers federal income tax

9) business licence

10) company profile (pamphlets, websites, brochures etc.)

Anybody else got a similar RFE? what are the approval chances for this kind of RFE’s?

Don't really know whats gonna happen.

 

The only person who can answer is your attorney. S/he  would do the necessary. You stay away from it.

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nitinpatel1987 Newbie

nitinpatel1987

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My employer is preparing all the necessary documents. I am sure will take another 3-4 weeks to prepare.What did you attorney said about ur case, what are the chances of approval from here.

 

My bachelors and masters both are in manufacturing background, even my job scope is of mfg nature. According to OOH handbook the job title requires high school degree but may require bachelors in some case. I guess that y they asking to prove how bachelors is required for this title.

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JahnaviV Member

JahnaviV

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My employer is preparing all the necessary documents. I am sure will take another 3-4 weeks to prepare.What did you attorney said about ur case, what are the chances of approval from here.

 

My bachelors and masters both are in manufacturing background, even my job scope is of mfg nature. According to OOH handbook the job title requires high school degree but may require bachelors in some case. I guess that y they asking to prove how bachelors is required for this title..

Even My attorney said she is preparing required documentation...

Same here.. even my bachelors and masters both are in IT and my job is also so related to my educational background...

Not sure why i received an RFE

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swetg1 Newbie

swetg1

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Hi,

 

I too got RFE on the same lines. Below is what given in RFE. Before to that, here is my background.

 

- Got Bachelors of technology (4yrs degree) in Information Technology.

- Got around 8 yrs of experience in Java technologies.

- My application (H4 to H1) was submitted with job description of some java technical terms.

 

--------------------------------------------------------------------------------------------------------------------------------------------------------------

The record does not establish the services of the person performing a 'specialty occupation'. please submit one of the following.

 

1) a bachelor's degree or the equivalent is the minimum requirement for entry into the occupation;

 

2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;

3) The employer normally requires a degree or its equivalent for the position; or

4) The nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.

 

Further more submit the detailed statement to:

1) Explain the benefeciary propsed duties and responsibilities.

2) Indicate the percentage of time devoted to each duty.

3) State the eductional requirements to these duties and

4) Explain how the benefeciary education relates to this position.

 

USCIS interprets the term 'degree' in the above criteria to mean not just any degree, but a degree in a specific field of study that is direclty related to proferred position.

 

If you publicized job opening, submitting the tear sheets or other advertisement documentation may hep establish the educational requirements for the proferred position of programmer analyst.

 

If you have previously employed individuals of programmer analyst position  submit the documents evidence such as W2 forms and copies of degress and transcripts that verify:

-The number of employees you have employed in this position in the past.

- The level education held by each individual and 

- The field of study in which the degree was earned.

--------------------------------------------------------------------------------------------------------------------------------------------------------

 

 

 

1) First of all, not sure why this RFE recieved when education and experience are inline with H1B requirement.

2) I read somewhere that we need to produce 'Expert Opinion letter' from Foundation of international services. is that so.?

3) Please let me know should i have to provide any inputs to attorney to handle this case, iam aware that Attorney should be taking care of RFE, but would like to check whether i can provide any inputs from my side.

4) Have guys seen these RFEs with same fields of study and experience.?

5) What are chances of case approval.? am little curious on what my attorney would submit in RFE response as i don't get a chance to look at the reply.

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nitinpatel1987 Newbie

nitinpatel1987

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USCIS is scrutinizing every application in immense detail, the reason you got the RFE might be because the USCIS handbook (OOH) would have described that programmer analyst position migh not require bachelors degree all the time, that y they asking your employer to prove through series of documentation. Same is my case.

 

If the employer can prove through proper documentation that a bachelors degree is min req for the proffered position then the case should be okay. However, i have heard specialty occupation RFE's are little difficult. But lets keep out hope up for a positive result.

 

My employer is still waiting on the attorney to respond on the next steps 

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JahnaviV Member

JahnaviV

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My Attorney just sent us a document to get it signed on my company letter heads ..

 

That doc was a brief summary of what i do and what % of work it is and she listed my masters course work which is related to 

my work .

 

not sure what else they are adding with it

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nitinpatel1987 Newbie

nitinpatel1987

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Thats good, prolly they will add some job openings from other companies, and if employer has previously hired a bachelor degree candidate for that position then maybe some docs in that regard.

 

I was talking to my attorney couple days ago and she said by july end they might send the doc. When is your attorney sending all docs?

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sonsheth Newbie

sonsheth

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Hi,

 

Did u get approval for below rfe?

 

Can someone throw some light on my RFE case for specialty occupation:

The following is what they requesting

1) Detailed job description, % spent on each duty, degree reqd for each duty & organization chart.

2) Evidence to provide that degree req is common to industry.

3) Evidence to provide that my position is common to similar industries.

4) Job announcement- copies of past & present job announcement (class field ads etc.)

5) Past employment practice: provide evidence showing employer has a past practice of hiring candidates with a min of bachelors degree for this position, no of people employed in this position their transcripts and wage statements.

6) petitioner product & services

7) nature of position: Explain in laymen terms what differentiates the position from other non-specialty occupation

8) Employers federal income tax

9) business licence

10) company profile (pamphlets, websites, brochures etc.)

Anybody else got a similar RFE? what are the approval chances for this kind of RFE’s?

Don't really know whats gonna happen.

 

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t75 Advanced Member

t75

Posted
Posted

@ JahnaviV, Congratulations!!!

 

Can you please share some info on what documents were sent to USCIS in regards to the RFE, if you can please ask your attorney or employer?

 

Also, if u dont mind can please share your job title?

 

 

The attorney handling your case will supply documents appropriate for your case.  What you are seeking looks like you intend to commit fraud by submitting the documents of others.

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JahnaviV Member

JahnaviV

Posted
Posted

 

Hi,

 

Did u get approval for below rfe?

 

Can someone throw some light on my RFE case for specialty occupation:

The following is what they requesting

1) Detailed job description, % spent on each duty, degree reqd for each duty & organization chart.

2) Evidence to provide that degree req is common to industry.

3) Evidence to provide that my position is common to similar industries.

4) Job announcement- copies of past & present job announcement (class field ads etc.)

5) Past employment practice: provide evidence showing employer has a past practice of hiring candidates with a min of bachelors degree for this position, no of people employed in this position their transcripts and wage statements.

6) petitioner product & services

7) nature of position: Explain in laymen terms what differentiates the position from other non-specialty occupation

8) Employers federal income tax

9) business licence

10) company profile (pamphlets, websites, brochures etc.)

Anybody else got a similar RFE? what are the approval chances for this kind of RFE’s?

Don't really know whats gonna happen.

 

 

Do not worry about the RFE..

Your Attorney will handle it...

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