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krisk2p

H1 RFE - LCA Title - SOFTWARE DEVELOPER (15-1132) WITH NO COMPUTER SCIENCE BACKGROUND

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I am an FTE with IT Company and work as Sr. Healthcare Business Analyst (internal products).

I have my I-140 approved for PD Nov 2013. My company is NOT h1 dependent.

I have a Master’s Degree (MBA) and Bachelor’s Degree (B.com) with 15+ years total experience and 9 years in US (working on H1 since 2010).

I never had issues with extending my H1 all these years. (not even a RFE so far ) 
 

I have all my previous H1 LCA title as Computer Programmer (15-1131) and my employer has changed my H1 LCA title to Software Developer (15-1132) for my H1 extension due on June 2019. (I have my I-94 till June 30 2019)

 

My company filed for my H1 extension recently:  
Mar 11 2019 – H1 Filing 
Apr 24 2019 – Premium Processing

Apr 30 2019 – RFE – Specialty Occupation

 

 

My question here is does new change H1 LCA title as Software Developer (15-1132) is safe in my case?

What are the possibilities of H1 getting approved – can we justify RFE

What are the other options I have in my case?

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With the Speciality Occupation RFE sent, USCIS is not convinced that the position offered to you meets the H1b law criteria of speciality occupation.  Nobody here has a magical answer for you. You must work with your employer and their attorneys to understand what the RFE is about and then respond to it. They are the only one who know about your case, job , job functions and position details more than anyone anywhere.

Read here about the official USCIS criteria of H1b speciality occupation. Basically your h1b application failed to meet any of the criterias defined under speciality occupation. 

https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models

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Here's an answer in simple language..

All these days nobody ever monitored if you had the right educational fundamentals to work in the US. As per H1B rules, you have to have a related education to work in that field. the days of working as a Software Engineer without a software engineering educational background are done and dusted. Interesting thing is that USCIS is now looking to check if you deserved the H1b in the first place. So they are digging into the fact that you got approved to work as a computer Programmer when you have a BCom / MBA. Like I said, It used to be okay, It no longer is!

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Firstly your attorney should have used an SOC doe which is not Technical. Your Job title is clearly mentions as a Business Analyst. You have an MBA.

Your case would have been easily conceivable if you projected your self as a Management Analyst rather than trying to prove you are a technical person.

 

I also wanted to check if your employer filed your case in Nebraska service center? If you are working at the same client location , you should have applied it in Nebraska. 

Edited by Tjgarla
more information

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On 5/13/2019 at 3:01 PM, krisk2p said:

I am an FTE with IT Company and work as Sr. Healthcare Business Analyst (internal products).

I have my I-140 approved for PD Nov 2013. My company is NOT h1 dependent.

I have a Master’s Degree (MBA) and Bachelor’s Degree (B.com) with 15+ years total experience and 9 years in US (working on H1 since 2010).

I never had issues with extending my H1 all these years. (not even a RFE so far ) 
 

I have all my previous H1 LCA title as Computer Programmer (15-1131) and my employer has changed my H1 LCA title to Software Developer (15-1132) for my H1 extension due on June 2019. (I have my I-94 till June 30 2019)

 

My company filed for my H1 extension recently:  
Mar 11 2019 – H1 Filing 
Apr 24 2019 – Premium Processing

Apr 30 2019 – RFE – Specialty Occupation

 

 

My question here is does new change H1 LCA title as Software Developer (15-1132) is safe in my case?

What are the possibilities of H1 getting approved – can we justify RFE

What are the other options I have in my case?

Hey any updates, i had same issue and my application denied, let me know your result as well

Edited by Sagetech

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