H1B LCA Amendment went to RFE


Gopinathan

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49 minutes ago, Gopinathan said:

Hi,

Recently My H1b Initiated for LCA amendment in a Premium Process. Now its went for RFE.

Still how long will take to get approved.

It would really help others to answer your questions if you can provide complete details about the case. RFEs come in many types, shapes and forms. What is the RFE about ? What was the LCA change about ?

If RFE is not responded within the timeframe supplied by USCIS, the petition will not be approved. Nobody has a magic wand to answer your questions. 

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hi,

I have H1b for Customer A. And now i got one opportunity for Customer B in the same organisation. So my LCA is initiated for customer B in the last week of April 2018. However it went to RFE.  So they asked some documents like Job description, organization chart. Apart from that they have asked below information :

I could not understand the below points. please help me.

 

     3.  USCIS is challenging whether the position of Test Analyst is a “specialty occupation” requiring a bachelor’s degree or higher in a specific specialty. 
4.      Job postings or advertisements showing a degree requirement is common to the industry in parallel positions among similar organizations
 
5.      Letters from an industry-related professional association indicating that they have made a bachelor’s degree or higher in a specific specialty a requirement for entry into the field
 
6.      Copies of letters or affidavits from firms or individuals in the industry that attest that similar organizations routinely employee and recruit only degree individuals in a specific specialty. Any letter of affidavit should be supported by the following:
1.      The writer’s qualifications as an expert;
2.      How the conclusions were reached; and
3.      The basis for the conclusions supported by copies or citations of any material used
 
7.      Copies of your present and past job postings or announcements for the preferred position showing that you require applications to have a minimum of a bachelor’s or higher degree in a specific specialty or its equivalent
 
8.      Copies of documentary examples of work product created by current or prior employees in similar positions, such as:
1.      Reports;
2.      Presentations;
3.      Designs; or
4.      Blueprints
 
9.      Additional information about your organization, highlighting the nature, scope, and activity of your business enterprise, along with evidence to establish the beneficiary will be employed with the duties you have set forth, such as:  
1.      Business plans, reports, presentations, etc., to describe your business;
2.      Contractual agreements or work orders from each company who will utilize the beneficiary’s services to show the beneficiary will be performing specialty occupation duties; promotional materials;
3.      Advertisements;
4.      Press releases;
5.      Patent; or
6.      Articles

  

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4 hours ago, xTDx said:

It would really help others to answer your questions if you can provide complete details about the case. RFEs come in many types, shapes and forms. What is the RFE about ? What was the LCA change about ?

If RFE is not responded within the timeframe supplied by USCIS, the petition will not be approved. Nobody has a magic wand to answer your questions. 

hi,

I have H1b for Customer A. And now i got one opportunity for Customer B in the same organisation. So my LCA is initiated for customer B in the last week of April 2018. However it went to RFE.  So they asked some documents like Job description, organization chart. Apart from that they have asked below information :

I could not understand the below points. please help me.

 

     3.  USCIS is challenging whether the position of Test Analyst is a “specialty occupation” requiring a bachelor’s degree or higher in a specific specialty. 
4.      Job postings or advertisements showing a degree requirement is common to the industry in parallel positions among similar organizations
 
5.      Letters from an industry-related professional association indicating that they have made a bachelor’s degree or higher in a specific specialty a requirement for entry into the field
 
6.      Copies of letters or affidavits from firms or individuals in the industry that attest that similar organizations routinely employee and recruit only degree individuals in a specific specialty. Any letter of affidavit should be supported by the following:
1.      The writer’s qualifications as an expert;
2.      How the conclusions were reached; and
3.      The basis for the conclusions supported by copies or citations of any material used
 
7.      Copies of your present and past job postings or announcements for the preferred position showing that you require applications to have a minimum of a bachelor’s or higher degree in a specific specialty or its equivalent
 
8.      Copies of documentary examples of work product created by current or prior employees in similar positions, such as:
1.      Reports;
2.      Presentations;
3.      Designs; or
4.      Blueprints
 
9.      Additional information about your organization, highlighting the nature, scope, and activity of your business enterprise, along with evidence to establish the beneficiary will be employed with the duties you have set forth, such as:  
1.      Business plans, reports, presentations, etc., to describe your business;
2.      Contractual agreements or work orders from each company who will utilize the beneficiary’s services to show the beneficiary will be performing specialty occupation duties; promotional materials;
3.      Advertisements;
4.      Press releases;
5.      Patent; or
6.      Articles
4 hours ago, xTDx said:

It would really help others to answer your questions if you can provide complete details about the case. RFEs come in many types, shapes and forms. What is the RFE about ? What was the LCA change about ?

If RFE is not responded within the timeframe supplied by USCIS, the petition will not be approved. Nobody has a magic wand to answer your questions. 

 

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The main problem here is Test analyst / Programmer analyst job role. Any job with analyst USCIS is issuing your queries. It takes a lot of time to respond to above questions. Options

1) Work with client A to see if your project can be extended

2) Look for a new employer

3) Take risk and work at new client site.

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