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Ranjinisha

RFE received during H1b Transfer

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Standard Specialty occupation RFE received, i did my Masters in Information Systems Management in USA. I work as Business Analyst, technical side of it.

I have received RFE during H1b visa transfer. RFE is all about Standard specialty occupation and why would they need to hire H1bs. How do you think i should respond to this RFE? Would my MS degree  qualifications suffice or my experience of working as Senior Systems Engineer India suffice?? Please help.

Appreciate your response. 

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More than your accomplishments, Specialty Occupation RFE is more about the job that you are doing and why that job needs someone with atleast a bachelors degree?

 

My guess is your employer/attorney would have used one of the vulnerable SOC codes (Comp sys analyst or Software Occupation- Others) to trigger this RFE.

Specialty Occupation RFEs are complex to respond and usually require very detailed job duties and how each of them tie back to the need of having someone with atleast a bachelors degree perform those duties.

 

You can consider including expert opinion letters (though USCIS doesn’t always honor them) as well as proof that the industry wide standard is that minimum entry level criteria for similar job is a bachelor’s degree in a specific specialty.

If not responded thoroughly, generally the success rate of overturning a specialty occupation RFE is not good.

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You don't respond to a RFE.

H1b issues are addressed to the employer that sponsors the petition. Their attorney responds to the RFE, that's what attorneys are paid to do by matching employee qualifications to job requirements. 

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