H1B Transfer RFE under speciality occupation

[Rita85]

I have got RFE last month in my H1B transfer case under specialty occupation. The response is expected from my employer's end and I am also helping them in some manner.

Today I found out they are not working with the attorney, they are drafting their own response. Also, they are handling multiple RFE's

Is this risky and/or normal?

 

Any help is appreciated.

[satya2k1]

It is risky.  You will have higher chances of getting approval with attorney's response, because they cover all aspects of the RFE. 

[பச்சை தமிழன்]

It is risky, but if your attorney/employer provide enough evidence to show the occupation as specificity occupation (minimum to enter to that position required bachelors degree in the related field) they will approve.

Mine is fresh h1 applied in RP, got Specialty occupation RFE, responded with enough evidence under PP, got an approval with in 7 days.

[vkaperm]

I got RFE on my H1 transfer. Reason: Level1 wage speciality occupation.My attorney is preparing for the response which need to be responded by Jan 1st week. I have I-140 approved from my previous employer and was with them for more than 18 months after approval. My salary is easily in L2 or L3 wage level, but somehow they applied LCA for L1 wage.Normally what kind of documentations etc need to be submitted by my employer for higher chances of approval. Please suggest if anyone come across this and how their employer/attorney responded to it.

[Sureshkumar46]

@vkaperm I would suggest to withdraw the current LCA and file a new one with wage level 2 or 3 and i have come across lots of people who got their extension approved recently.

[kamalbalwani2]

@pachi tamilan what evidence did you submitted??

[பச்சை தமிழன்]

My employer submitted 

1) Original job advertisement (clearly mentioned bachelors degree in computer science is required to enter in to that position)

2) job advertisement from similar employers (clearly mentioned bachelors degree in computer science is required to enter in to that position)

3) Letter from CIO

4) details description of Job duties

5) Organization Structure.

6) Resumes and Transcripts of other employees in the same position showing they have bachelors degree in computer science.

[rveer38]

Hi Pachi tamilian - Please suggest outcome of the RFE. I am in same boat and unfortunately received RFE today and most probably it will be with specialty occupation clause as my LCA is posted under L2 wages. 

For one of my friend who is also a business Analyst got the RFE first and then later got rejection after submitting the response to RFE. 

Mine is H1 transfer and looking at my options.

[பச்சை தமிழன்]

Mine got approved.

Original petition was file under regular then my employer upgraded to PP, I got approval with in 7 days (It was Nov 2nd week), CSC processing center.

[KT1204]

On 12/19/2017 at 6:27 AM, rveer38 said:

Hi Pachi tamilian - Please suggest outcome of the RFE. I am in same boat and unfortunately received RFE today and most probably it will be with specialty occupation clause as my LCA is posted under L2 wages. 

For one of my friend who is also a business Analyst got the RFE first and then later got rejection after submitting the response to RFE. 

Mine is H1 transfer and looking at my options.

Hi, Your friend (BusinessAnalyst), can you please help me with his contact... I think I am in his boat now!!

 

thanks