H1B Inhouse Full Time RFE


Jag 123

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Hello I work for a small company of size 60 people. Our Company is Cisco partner which provides Network, wireless, Telephone cloud and other managed services. I work as a developer on internal projects. We use three tools in our ERP system for CRM, Service and BI tool. I work on applications which Integrates these tools. I also work on  a projects which houses applications required for HR department like a HR tool, administrative tool. I also work on a Customer Dashboard. We do not have any specific budgets allocated to these projects. 

Now the RFE Document says:

"Given the discrepa You indicate that the beneficiary will engage in services in a specialty occupation at your location on your projects. It appears that your organization is a "provider of information technology solutions, including managed.
shared and stand-alone services" to clients/customers. You did not provide evidence of
in-house projects such as income   and expense projections, timelines, market analysis, numbcr of
required workers, or work locations, to show that the beneficiary will engage in services in a specialty
occupation at your location for the duration of the requested H- I B employment period" 

USCIS asked to submit following documents

  • A copy of signed Employment Agreement between you and beneficiary detailing the terms and
  •    conditions of employment.
  • A copy of an employment offer letter that desclibes the nature of the employer-ernployee
  •   relationship and the services to be performed by the beneficiary.
  •  A copy of relevant portions of valid contracts, statements of work, work orders, service
  •   agreements, and letters between you and the authorized officials of the ultimate end-client
  •   companies to whom the end product or services worked on by the beneficiary will be delivered.
  • A copy of a position description or any other documentation that describes the skills required to
  •    perform the job offered, the tools needed to perform the job, the product to be developed or the
  •   service to be provided, the method of payment, whether the work  to be performed is part of
  •   your regular business, the provision of employee benefits, and the tax treatment of the
  •   beneficiary by you.
  • Copies of your most recently filed federal income tax return including all required schedules
  •  and statements.
  • Copies of company brochures, parnphlets, websitc, or any othcr printed work published by you
  •   that outlines, in detail, the products or services provided by your company.
  • Evidence of actual work assignrnents, which rnay includc technical documentation, milestonc
  •    tables, marketing analysis, cost-benefit analysis, brochures, and funding documents.
  • Evidence of sufficient production space and equipment to support the benefìciary's specialty
  •   occupation work.
  • Copies of criticalreviews of your software in trade journals that describes the purpose of the
  •    software, its cost, and its ranking among similarly produced software manufacturers.
  • A copy of the marketing analysis for your final software product
  • A copy of a cost analysis for your software product.


What documents should I submit. As we don't sell software as a service I am confused how to respond

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It's very clear from RFE text that what docs they need,if you are able to type so many lines then its not hard at all to understand.  

Your company's immigration attorney can go through it and its not something specific they are looking for, these are all generic documents.

Get your PM and HR to work on those documents. if you have a real project and real assignment then nothing to worry about it, in house projects for consulting companies are risky. 

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Looking at the requested documents what USCIS is asking.. What documents did the company submit ? ? the requested few documents are basic documents need to submitted and also pretty much same few documents which need to be taken along with us for stamping also.. 

I have doubts on this company.. as they did not even submit basic documents. None of these documents should not be worked by you.. your employeers has to work on these.. All you might be signing is 1 or 2 documents which will be employee- employeer agreement letter. 

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  • 8 months later...

I got a RFE  for H1B transfer with the following. Please help me on what documents should be submitted by my employer on this. I work for a product based company which has around 1500 employees and I work as a senior software engineer for them. This company for whom i work for now(working on H1B transfer receipt) has very few H1s. So I want to make sure that they are filing the response with all the required documents. Please help me out on the list of docs needed for the below.

 

  • Evidence of actual work assignrnents, which rnay includc technical documentation, milestonc
  •    tables, marketing analysis, cost-benefit analysis, brochures, and funding documents.
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18 hours ago, JoeF said:

They have one do they?) on this

Yes they do have one.  But they didn't handle many RFEs and so they are not sure of what the response could be for marketing analysis, cost-benefit analysis, brochures, and funding documents. 

If some one can provide a sample or name the documents which need to be sent, it would be great.

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2 hours ago, Mkeerthi8022 said:

Yes they do have one.  But they didn't handle many RFEs and so they are not sure of what the response could be for marketing analysis, cost-benefit analysis, brochures, and funding documents. 

If some one can provide a sample or name the documents which need to be sent, it would be great.

So you are okay with someone here preparing your RFE response or sample papers and you will be able to sleep at night because your RFE response will be accepted by USCIS and they will definitely approve it ? 

If your employer doesn't have experience then they should hire experience . Didn't they hire you for the in house project? 

Why they cant hire immigration experience  ? You see where I am getting at ?  

The only logical way is to review what was sent and what USCIS is requesting and then professionally prepare all evidences and respond back. There are specifics and exact information specified in RFE issued by USCIS. If RFE is specific, the response must satisfy those specific questions.

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