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Selena2015

H1B RFE 2015 Specialty Occupation response

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Hi,

 

My company recently applied for H1B visa for me and I got selected in the lottery. However, I received Request for Evidence (RFE) notice from USCIS. My company’s lawyer asked me to draft this evidence letter myself answering the following questions raised by USCIS.

 

“The duties and responsibilities you have described are vague and do not establish the need for an individual who possesses the minimum of a baccalaureate degree in a specific field of study. ………………Therefore further evidence is required.

Submit a detailed statement to:

-          Explain the beneficiary’s proposed duties and responsibilities

-          Indicate the percentage of time devoted to each duty

-          State the educational requirements for these duties, and

-          Explain how the beneficiary’s education relates to the position “

 

I am unsure if I should draft this letter myself or seek help from external source. Please let me know if you have any experience or feedback on this. And, how I should be responding to these questions. Thanks.

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This is the job of your employer's immigration attorney and s/he is paid for that. Stay away from this and ask attorney to take care of it.

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Responding to RFE is attorney's job, you cannot do it. Single mistake from your end will lead to rejection, tell your employer to find a good attorney who can do his job.

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You can consult with your own attorney who will protect your interests. Remember, the attorney right now is only required to protect your employer's interests.

Having said that, there is no harm in drafting a response, that attorney will certainly review it before sending. Also, get your manager involved, since they will be familiar with your duties and can elaborate why this is a specialty occupation. What is your occupation btw? What was job description that was provided with the filing?

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