Any specialty occupation RFE got approved recently (for H1B extension)?


h1i140

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I went through few USCIS denail documents based on project manager-specialty occupation RFE; it says that the petitioner couldn't provide enough evidence that project manager required a bachelors degree and so USCIS decided to deny. Itseems as per the occupational outlook handbook, which DOL follows, many firms will hire project managers - but they don't necessarily need to have bachelors degree because they  (uscis/dol) thinks that companies will hire well rounded graduates from other fields too who are willing to spend time in job, gain experience and advances to upper positions such as project manager. 

 

if this is how it is, then RFE on specialty occupation for "project manager" will surely lead to a  denial. How else can we provide enough supporting documentation to prove project manager as specialty occupation (even with a b.tech-computer science and masters in USA).

 

Need your inputs. Please. 

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1 hour ago, h1i140 said:

Yours got approved? Could you please let me know how you prepared for the documentation? 

Not yet approved. Response is on the way to USCIS. My employer has prepared the documentation and didnt shared the response with me. My case is a h1b transfer

Edited by chkchaitanya21
Added some info
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12 hours ago, h1i140 said:

Please let me know if you know of anyone who got RFE on specialty occupation (for IT project manager) and got approved? If so, please provide some guidance on how to document this? thank you.

 

Background: B.Tech (CSE) in India and Masters in USA. Employed by a big-4 tech consulting firm. 

Mine got approved.

I provided the following documents:

1) Detailed description of job duties with % of time spent on each one.

2) Profile of few colleagues in the job position similar to that of mine having same degree as I have.

3) Job postings of the similar positions in the company's career site where my degree is required.

4) Job postings of the similar positions in other companies' career site where my degree is required. 

5) A letter from the HR stating the details of your project.

6) Details regarding how are you being supervised for each and every job responsibility. 

7) Pay stubs, Office ID and other supporting documents confirming your affiliation to the company. 

Let me know if you have further questions.

 

Thanks!

Edited by Karn89
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3 hours ago, h1i140 said:

I went through few USCIS denail documents based on project manager-specialty occupation RFE; it says that the petitioner couldn't provide enough evidence that project manager required a bachelors degree and so USCIS decided to deny. Itseems as per the occupational outlook handbook, which DOL follows, many firms will hire project managers - but they don't necessarily need to have bachelors degree because they  (uscis/dol) thinks that companies will hire well rounded graduates from other fields too who are willing to spend time in job, gain experience and advances to upper positions such as project manager. 

 

if this is how it is, then RFE on specialty occupation for "project manager" will surely lead to a  denial. How else can we provide enough supporting documentation to prove project manager as specialty occupation (even with a b.tech-computer science and masters in USA).

 

Need your inputs. Please. 

Unless the job requirements are too generic and simple, a qualified attorney with the help from you and/or your employer should be able to come up with a strong response. 

If your consultancy is an Indian based company that provides blue collar personnel to other employers here, I am aware of these kind of managerial titles being used a lot with very generic job description. In that case, a lot more justification and paperwork might be needed from your employer. Good luck.

Between, just curious, you mentioned this is an extension - so was your earlier H1 with this employer for same role and responsibilities?

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6 hours ago, Surfer123 said:

Unless the job requirements are too generic and simple, a qualified attorney with the help from you and/or your employer should be able to come up with a strong response. 

If your consultancy is an Indian based company that provides blue collar personnel to other employers here, I am aware of these kind of managerial titles being used a lot with very generic job description. In that case, a lot more justification and paperwork might be needed from your employer. Good luck.

Between, just curious, you mentioned this is an extension - so was your earlier H1 with this employer for same role and responsibilities?

Thank you. My earlier extension (3 years back) was on a different role/responsibilities. Would that be another problem?

However, my recent amendment  applied in 2016 (approved in early 2017), was on the same role/responsilities and the ammendment got approved.

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7 hours ago, Karn89 said:

Mine got approved.

I provided the following documents:

1) Detailed description of job duties with % of time spent on each one.

2) Profile of few colleagues in the job position similar to that of mine having same degree as I have.

3) Job postings of the similar positions in the company's career site where my degree is required.

4) Job postings of the similar positions in other companies' career site where my degree is required. 

5) A letter from the HR stating the details of your project.

6) Details regarding how are you being supervised for each and every job responsibility. 

7) Pay stubs, Office ID and other supporting documents confirming your affiliation to the company. 

Let me know if you have further questions.

 

Thanks!

Thanks a lot. Is this for a 'Project Manager' role? If so, can I contact  you by email, please?

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7 hours ago, Karn89 said:

Mine got approved.

I provided the following documents:

1) Detailed description of job duties with % of time spent on each one.

2) Profile of few colleagues in the job position similar to that of mine having same degree as I have.

3) Job postings of the similar positions in the company's career site where my degree is required.

4) Job postings of the similar positions in other companies' career site where my degree is required. 

5) A letter from the HR stating the details of your project.

6) Details regarding how are you being supervised for each and every job responsibility. 

7) Pay stubs, Office ID and other supporting documents confirming your affiliation to the company. 

Let me know if you have further questions.

 

Thanks!

In One denial notice,  USCIS says 

"The position cannot qualify as a specialty occupation because, as even the petitioner's finance manager and counsel have admitted, it can be performed by a person with a bachelor's degree in either communications or business."

Many project manager job requirements mention basic requirement as bachelors degree - but they are open to any kind of specialization (such as computer science, business, etc.,). Even for masters too - they are open for several specializations. 

What if USCIS denies my petition saying my role doesn't need bachelors/masters exclusively in what I have specialized. How to handle this situation? Please provide your inputs. 

 

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9 hours ago, h1i140 said:

Thanks a lot. Is this for a 'Project Manager' role? If so, can I contact  you by email, please?

Mine was Sr Quality Engineer role. However, the general documentation requirement shall be the same in my opinion. Check with your attorney; he/she will touch base with you in case anything would be needed from your end. Good luck!

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18 hours ago, h1i140 said:

Thank you. My earlier extension (3 years back) was on a different role/responsibilities. Would that be another problem?

However, my recent amendment  applied in 2016 (approved in early 2017), was on the same role/responsilities and the ammendment got approved.

From couple of years back I am aware of couple of cases in my circle where changing from Developer kind of job to QA and BA had resulted in RFE’s. But they got through them with no issues. When u got ur amendment, that was still not a time where there was much scrutiny. However this is Trump era and nothing is guaranteed.

Anyway, I believe how generic or detailed your current job is will have a bearing on how much justification your firm has to provide. If the denial details u are sharing are from your company and those tied to petitions filed by ur employer for similar position for other beneficiaries, I guess ur attorneys will and should try a different or more wholeseme justification approach for u.

Good luck.

Edited by Surfer123
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  • 4 months later...
On 1/13/2018 at 1:59 AM, Karn89 said:

Mine got approved.

I provided the following documents:

1) Detailed description of job duties with % of time spent on each one.

2) Profile of few colleagues in the job position similar to that of mine having same degree as I have.

3) Job postings of the similar positions in the company's career site where my degree is required.

4) Job postings of the similar positions in other companies' career site where my degree is required. 

5) A letter from the HR stating the details of your project.

6) Details regarding how are you being supervised for each and every job responsibility. 

7) Pay stubs, Office ID and other supporting documents confirming your affiliation to the company. 

Let me know if you have further questions.

 

Thanks!

Can you share the  Detailed description of job duties with % of time spent on each one. which you sent .

 

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  • 2 weeks later...
On 1/12/2018 at 10:50 PM, h1i140 said:

In One denial notice,  USCIS says 

"The position cannot qualify as a specialty occupation because, as even the petitioner's finance manager and counsel have admitted, it can be performed by a person with a bachelor's degree in either communications or business."

Many project manager job requirements mention basic requirement as bachelors degree - but they are open to any kind of specialization (such as computer science, business, etc.,). Even for masters too - they are open for several specializations. 

What if USCIS denies my petition saying my role doesn't need bachelors/masters exclusively in what I have specialized. How to handle this situation? Please provide your inputs. 

 

Hello , 

I got similar RFE recently..Can you please let me know if your H-1 got approved..if so, can you please provide what all documents you submitted

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On 1/12/2018 at 3:29 PM, Karn89 said:

Mine got approved.

I provided the following documents:

1) Detailed description of job duties with % of time spent on each one.

2) Profile of few colleagues in the job position similar to that of mine having same degree as I have.

3) Job postings of the similar positions in the company's career site where my degree is required.

4) Job postings of the similar positions in other companies' career site where my degree is required. 

5) A letter from the HR stating the details of your project.

6) Details regarding how are you being supervised for each and every job responsibility. 

7) Pay stubs, Office ID and other supporting documents confirming your affiliation to the company. 

Let me know if you have further questions.

  

Thanks!

I got the RFE for same reason. Can you please share some general documents and the format which could help me. Documents which have general information. What was your SOC code

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  • 2 weeks later...
On 11/26/2018 at 7:03 PM, Abhi86 said:

RFE for my H1B extension (specialty occupation) was approved today. Let me know if there are any questions. Happy to help.

Hi Abhi,

I see no one responded to your good news, even though its lil bit old now...Congratulations.

 

I have similar RFE for H1b extension, mine is DBA position and my attorney didn't ask for many details.

he just asked me to provide :

1. project details .

2. Job role and responsibilities with % of various tasks.

I feel like this is not sufficient for a RFE response.

 

Please help me what are the supporting documents you have provided and what are the important points I need to specify in the response documentation?

please help

Kumar

 

 

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