H1b RFE response

[meghana0606]

Hi,

My husband has got RFE for the H1B extension on Feb 11 2020.

He filed the extension on May 2019 requesting for extension till June 2021 and we did not get any response till now so we updated to premium on Jan 28 2020 and we got RFE on Feb 11 2020 and his company's immigration team is not giving enough clarity for RFE reason.

We had submitted the client letter with end date June 2021 and the SOW end date being December 2020 along with manager letter

So as per the immigration team they are asking for the updated client letter with more added roles and responsibility and justify the date requested more than SOW.

Now we are confused on what date should we request in the client letter since the client is ready to give end date for 3 years from now as well.

Please can anyone with same situation guide us what step should be taken?

[User099]

Its just confusing for the officer working on the case with 2 dates one in SOW and other in Client letter. Try to get them to match. Your attorney should have known that there is a mismatch and might lead to a RFE.

I think they might have also added the Specialty Occupation to the RFE, that's the reason they are asking for additional roles and responsibilities.

[cyberlord]

If the employer is not giving information/clarityon RFE, it is likely that they missed something during filing or the evidence that they need to submit is under their control.

An RFE has to be answered within 60 days.

if the immigration team is asking for updated client letter with more added roles/responsibilities - the RFE could be to justify specialty occupation.

You don't have much choice here, but to trust your employer - as they have to respond to the RFE. Seek specific information as to what is missing and what is required.

[gopalakrishnach]

In client letter add some more roles and like below in seperate preferably last para

This is a long-term project which will run for at least 3 years and can be further extended based on budget availability. We expect Mr. XXX to continue to perform the above duties on a long-term basis with periodic extensions, but this should not be constructed as a promise, contract or guarantee of any kind or for any purpose.

 

[User099]

7 hours ago, gopalakrishnach said:

In client letter add some more roles and like below in seperate preferably last para

This is a long-term project which will run for at least 3 years and can be further extended based on budget availability. We expect Mr. XXX to continue to perform the above duties on a long-term basis with periodic extensions, but this should not be constructed as a promise, contract or guarantee of any kind or for any purpose.

 

Don't give such replies when you don't know if the project is long term or if it will last for 3 years. I have seen denials with such a statement where the date is not fixed and USCIS will not buy into these types of speculations, atleast in the current environment.

[gopalakrishnach]

Please change letter like below

This is a long-term project with periodic extensions based on budget availability. We expect Mr. XXX to continue to perform the above duties on a long-term basis with periodic extensions, but this should not be constructed as a promise, contract or guarantee of any kind or for any purpose.

[meghana0606]

thanks everyone for the updates. Will get back for any further query.