RFE received with a reason "Specialty occupation"


mermaidr

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Hi

current status: H1B running 6th yr of my first H1B. I140 approved. working as a full-time employee for US  based company last 4 yrs.  LCA -computer programmer level 2

I have received an RFE with a reason "Specialty occupation". i don't really understand why USCIS is complaining after 140 approved. i have been waiting for my extension last 8 month and finally, they put a RFE. clock is ticking and I am close to 240 days period. even if employer provide these details do they consider? is anybody has this issue earlier? how do we respond to these below questions? who needs to provide? am i ? or employer? can someone give us the direction plzz.

Need to explain why the duties are complex, i.e., create a chart that shows that the duties require the employee to exercise discretion or judgment to perform these duties, and why only someone with the theoretical knowledge received at the university can perform these duties.  Once we have a chart from the Employer on the level of discretion and judgment needed for each duty, we could seek to obtain an expert opinion stating that a review of the position shows a) it is a specialty occupation, and 2) a position that would be considered not entry-level in the field. We strongly recommend this type of expert opinion letter as this is independent evidence from a third party that the position is not an entry-level and a specialty occupation.

Thanks
 

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22 hours ago, mermaidr said:

Hi

current status: H1B running 6th yr of my first H1B. I140 approved. working as a full-time employee for US  based company last 4 yrs.  LCA -computer programmer level 2

I have received an RFE with a reason "Specialty occupation". i don't really understand why USCIS is complaining after 140 approved. i have been waiting for my extension last 8 month and finally, they put a RFE. clock is ticking and I am close to 240 days period. even if employer provide these details do they consider? is anybody has this issue earlier? how do we respond to these below questions? who needs to provide? am i ? or employer? can someone give us the direction plzz.

Need to explain why the duties are complex, i.e., create a chart that shows that the duties require the employee to exercise discretion or judgment to perform these duties, and why only someone with the theoretical knowledge received at the university can perform these duties.  Once we have a chart from the Employer on the level of discretion and judgment needed for each duty, we could seek to obtain an expert opinion stating that a review of the position shows a) it is a specialty occupation, and 2) a position that would be considered not entry-level in the field. We strongly recommend this type of expert opinion letter as this is independent evidence from a third party that the position is not an entry-level and a specialty occupation.

Thanks
 

Mine is similar case during April, this year, Cleared it in May.

Got RFE about Specialty Occupation(how my degree(Non-CSE) is related to my software job etc.,

Got a letter from my college dean of engineering(Masters in US) + Letter from my Boss etc.,

Attorney  provided some more documentation etc.,

If you need any more info, reach out to me at my email(same as my username g mail), I would be happy to help.

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  • 2 months later...
On 8/6/2017 at 11:23 PM, venkatramrm@gmail.com said:

Mine is similar case during April, this year, Cleared it in May.

Got RFE about Specialty Occupation(how my degree(Non-CSE) is related to my software job etc.,

Got a letter from my college dean of engineering(Masters in US) + Letter from my Boss etc.,

Attorney  provided some more documentation etc.,

If you need any more info, reach out to me at my email(same as my username g mail), I would be happy to help.

Hello, could you please email those documents to me. I got an RFE recently and don’t know how to respond to it. 

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  • 5 weeks later...

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