H1B Requests for Evidence (RFEs)

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding H1B requests for evidence (RFEs).

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

[PareshN]

Hi,

Glad to have this as the topic of the week as I'm desperately searching for the same, unfortunately many are outdated.

I received a RFE with the below reason :

The position for which my H1B was filed & picked in the lottery was as a Software Developer under the Master's cap.
My bachelor's degree was from JNTU Kakinada, India under the discipline of Chemical Engineering. 
By reviewing my transcripts it shows that the undergrad course is not related to the applied position i.e., Software Developer.

My Credentials : 
7 Courses & Labs related to Computer Sciences in Undergrad,
3 Years of I.T experience after my B.Tech,
Master's in Management Information Systems in US - 6 Courses related to Computer Sciences,
7 Months of Part time internship/Co-Op during my Master's with the same company which filed for my H1B,
3 Months of Full Time Summer Internship as a 3 credit course with the same company which filed for my H1B.

Please let me know the chances of my H1B approval and the course of action I should be taking.

Thanks in advance.

[Attorney_22]

On 6/22/2018 at 5:02 PM, PareshN said:

Hi,

Glad to have this as the topic of the week as I'm desperately searching for the same, unfortunately many are outdated.

I received a RFE with the below reason :

The position for which my H1B was filed & picked in the lottery was as a Software Developer under the Master's cap.
My bachelor's degree was from JNTU Kakinada, India under the discipline of Chemical Engineering. 
By reviewing my transcripts it shows that the undergrad course is not related to the applied position i.e., Software Developer.

My Credentials : 
7 Courses & Labs related to Computer Sciences in Undergrad,
3 Years of I.T experience after my B.Tech,
Master's in Management Information Systems in US - 6 Courses related to Computer Sciences,
7 Months of Part time internship/Co-Op during my Master's with the same company which filed for my H1B,
3 Months of Full Time Summer Internship as a 3 credit course with the same company which filed for my H1B.

Please let me know the chances of my H1B approval and the course of action I should be taking.

Thanks in advance.

Dear Pareshn, this is a case specific question that requires a complete review the RFE received and a discussion of options available based on the initial filing. Accordingly, it is highly advisable to call our office and speak to one of our H1B attorneys over the phone. 

[PareshN]

On 6/26/2018 at 11:36 AM, Attorney_22 said:

Dear Pareshn, this is a case specific question that requires a complete review the RFE received and a discussion of options available based on the initial filing. Accordingly, it is highly advisable to call our office and speak to one of our H1B attorneys over the phone. 

Thank you

[Shri2022]

Hi, My husband has applied for his H1b visa extension in normal processing at Vermont center. Received date is 12/5/2017. He received RFE(for specialty occupation) on 4/17/2018 and he responded back. The response received date at USCIS was 6/15/2018. I would like to know when can we expect a response. I am on H4 visa and planning to travel to India for 5 weeks on 7/21/2018. Not sure if I will receive the response before my travel. Please advise. 

Thanks in advance!

[WIN2018]

Hi,

My H1B was filed under Master's cap.My profile is that of a BI developer and I have received an RFE stating if bachelor's a minimum requirement for the job duties I perform.Profile below:

Bachelor's in Electrical & Electronics

Master's in Management Information Systems from US

Even if my under grad program doesn't directly align with my current profile, my graduate program does.For F1 STEM OPT candidates, it is necessary to find a position that aligns with the courses taught in MS program.Will it still be a concern that my under grad program doesn't align with the specialized duties I currently perform?

 

Thanks

 

 

[forhereor2go]

Hello,

My wife's employer did not amend the LCA to mention the home location as an intended place of work. She now received an RFE on the same. Her employer says that they are not going to respond back to the RFE.

Facts:

1. Pay stubs were generated with the address showing our residence for the past 3 years.

2. Client letter clearly states that my wife will be working from remote location( home location)

3. My children have their H4 with my wife's H1.

4. Her I-94 expired a couple of months ago and a an extension was filed.

Questions:

1. Can I get my children on my H1 as H4 dependents? Will they have to go out of the country for visa because their I-94 expired?

2. Can I get my wife on my H1 as an H4 and do a change of status while her Extension is being processed? If yes, can I file for her H4 EAD?

3. Will they be treated as out of status (illegal presence) if her H1 is denied?

 

Thanks.

 

[rajredy717]

Hello Murthy:

I have applied for H1B visa and got an RFE. Presently, I'm on F1 CPT status. If my H1B gets denied, what other options I have to continue working? Can I continue working on F1 cpt or it would be better to apply for J1 visa.

Thanks,

Rajesh.

[jovi]

The new "No RFE" rule starting from Sep 11 : Is this with NTA or without NTA?
I heard that NTA is suspended for now. Any idea from when it's going to applicable?