H1B - RFE for CIvil Engineer during OPT

[yashuk6]

Hi,

I'm currently on OPT and working for employer A as a full-time employee. They filed for H1 this year and got an RFE while processing.

Here are the query related to.

• Specialty Occupation
• Degree is Normally Minimum Requirement - USCIS mentioned wrong code number inspite of submitting LCA with the appropriate code number. Not sure if we can appeal here.
• Degree Common to the Industry
• Position So Complex or Unique
• Employer Normally Requires Degree or its Equivalent
• Nature of Specific Duties So Specialized and Complex
• Additional evidence you may wish to provide

 

 

Worried a lot. Please respond.

[Centepede]

What's your Question ?

[cap-gap]

8 hours ago, yashuk6 said:

 

 

Worried a lot. Please respond.

This is just the beginning of nightmares ..unless you are from ROW whose GC quota is not backlogged..

about ur situation, whatz ur current role and Title? Have you passed FE exam?

[Ken7]

Should be relatively easy to address. Engineering firms do require a minimum Bachelor's degree in Engineering (as opposed to, say, Business analyst positions). The company would have to show previous history of posting of similar ads for the job profile.

There are certain 'triggers' that generate an RFE, or an audit in case of LC filing for the GC - and an entry level job is one of them, especially with the current administration as everyone is aware. With a well-packaged response by the company's lawyer it should be approved.

And yes, having an FE as an added qualification will bolster the case. Most civil firms require it in any case.