H1B extension RFE around "Specialty Occupation" clause

[jeet517]

I have been on an H1B in US for about 12 years now. I have been getting extensions based on an approved I-140. Last month I filed for another extension in premium mode. For the first time ever I received an RFE which took me by surprise. I have never had any query or any kind of glitches in my visa and have been continuously employed with top 10 consulting companies both Indian and American. My salary also has been higher than the median salary for this experience level. Anybody would consider my petition as a very low risk one.

 

On digging further I found that there was some directive to USCIS around October to increase scrutiny even on extension applications and really look hard to establish the "speciality occupation" clause as a means to plug any loopholes. The verbiage in my RFE letter also calls out the same.

 

Clearly this is a new development and my company attorneys are still figuring out the best way to respond. They do not have precedents of this kind of RFE for extensions and the course of action they assume is yet to be validated. Having said that I wanted to see if anyone has been in a similar situation and what they did different in their RFE response that got the petition approved. 

 

Any inputs in this regard would be highly appreciated. I think a lot of us would be in a similar situation as USCIS starts scrutinizing more on these lines.

 

Thanks

[verytensed82]

Jeet, I'm in same position too. I have an i140 approved and here since 8 years now. Never had any issues with extension and my previous extension on i140 was approved. I applied for another extension in Nov in PP and got an RFE for specialty occupation. Totally surprised by this and my i94 has expired too. Tensed is an understatement.

[verytensed82]

Do you know what exactly they have asked for and how many days your have to submit a response?

[kchag99]

Hello, I think this had been same trend with number of applications ......My wife was in similar situation, she was in USA for 9 years had been an FTE With Company A for 6 yrs and recently changed her Employer in October. She went to a start up company which had a good prospect and she did her H1B Transfer. She had a Audit from USCIS where she got an USCIS Representative come in to the company and verify everything. Surprisingly even after the audit there was an RFE regarding "Speciality Occupation". (Even her Salary is higher than the the Median Salary).

Her Attorney is trying to respond to the RFE that was received and best way to respond.

[jeet517]

3 hours ago, verytensed82 said:

Do you know what exactly they have asked for and how many days your have to submit a response?

They are looking for three things - 1. exact details of the work being performed, 2. uniqueness or specialization of the duties, 3. how is the work related to my education in that specialty

What was there in your RFE ? I can totally empathize with your situation. Hope things get sorted out for you. Good luck !!!

[gouthamsworld]

@jeet517

1. What is your educational qualification ?

2. What title is your h1 b applied under (computer system analyst, software developer..etc)

I had couple of situations in my company and they cleared after proper response.

 

Thank You

[Babu17]

Hi Goutham 

Can you please let us know what documents were submitted to tackle this rfe ?

Thanks

Babu

[jeet517]

16 hours ago, gouthamsworld said:

@jeet517

1. What is your educational qualification ?

2. What title is your h1 b applied under (computer system analyst, software developer..etc)

I had couple of situations in my company and they cleared after proper response.

 

Thank You

1. BE in IT from India and MS from a US university
2. Title being applied is "Project Manager"

What additional documents or adjustments were presented in the response documents. Was it just a more detailed account of the job duties ?

Thanks for your response.

[jeet517]

On 12/16/2017 at 8:27 PM, kchag99 said:

Hello, I think this had been same trend with number of applications ......My wife was in similar situation, she was in USA for 9 years had been an FTE With Company A for 6 yrs and recently changed her Employer in October. She went to a start up company which had a good prospect and she did her H1B Transfer. She had a Audit from USCIS where she got an USCIS Representative come in to the company and verify everything. Surprisingly even after the audit there was an RFE regarding "Speciality Occupation". (Even her Salary is higher than the the Median Salary).

Her Attorney is trying to respond to the RFE that was received and best way to respond.

Thanks for sharing your example. Do let us know what course the attorney is suggesting. I will do the same once I hear from my company attorneys. Good luck.

[buzzme123]

On 12/17/2017 at 6:01 AM, gouthamsworld said:

@jeet517

1. What is your educational qualification ?

2. What title is your h1 b applied under (computer system analyst, software developer..etc)

I had couple of situations in my company and they cleared after proper response.

 

Thank You

May i know what all documents your employer has  submitted to overturn Specialty occupation RFE?

[spf2f]

jeet... any updates on ur case?