What can be the intent for giving an RFE after USCIS site visit (Site visit went well, I was in office), how should I respond?


saiteja06

Recommended Posts

Posted

I applied for H1B last Apr 2018 for Computer Systems Analyst Position, they gave me an initial RFE on Employer-employee relationship, and on Education (Since I major had different than my field of work). My employer responded to those with my educational and experience evaluations. 

In the month of Jan 2019 we sent our response after 2 weeks, USCIS made a site visit for me. I answered all the question USCIS office asked for, sat at my desk and showed me what I do and then he met with my supervisor and talked to him and then left.

After 2 weeks of wait, we applied for Premium processing. On the 15th day, they issued a new RFE on Specialty occupation and STEM OPT status(to prove I was not out of status I guess). 


Can anyone tell what is the best way to defend my RFE?
 

Posted

You could have waited for couple weeks and should have raised SR instead of PP. May I know which service center you filed your application?

 

I am also same situation like you, filed transfer March 2018@vermont, rfe received for pay slips and responded in may 2018. Site visit last week of Feb 2019. Waiting for decision and Not going to PP. 

Posted

Your employer and their Attorney has to respond to an RFE (and everything else that deals with USCIS). Your job is in the job description, and dealing with an RFE is not one of them. Working in a field different than your education is a flag; the employer determines whether you're eligible despite the discrepancy. 

Posted

Why you will reply to RFE.. Your employer along with experienced immigration attorneys will take care of it. I already see a red flag in your case. Computer Systems Analyst Position and that too your field of study is not at all related to your work...

Posted

Every one knows it is not their responsibility to reply to RFE's (especially the ones asking questions on this site, lawyers anyhow wont come here and doesn't need your expertise). Just out of curiosity they post the question here to satisfy themselves and to get confidence with their case. 

@saiteja06 search for uscis public hearing on Mar0719 to know how to reply on specialty occupation(Part of this feedback goes from you) and reg OPT, you might know better whether you have a valid case or not to defend.

Posted
On 3/21/2019 at 1:55 PM, vara.neni said:

Every one knows it is not their responsibility to reply to RFE's (especially the ones asking questions on this site, lawyers anyhow wont come here and doesn't need your expertise). Just out of curiosity they post the question here to satisfy themselves and to get confidence with their case. 

@saiteja06 search for uscis public hearing on Mar0719 to know how to reply on specialty occupation(Part of this feedback goes from you) and reg OPT, you might know better whether you have a valid case or not to defend.

Hi Saiteja,

Am on similar boat, had a site visit after initial RFE. Could you let me know 

- your petition was being processed at california SC?

- after you responded the 2nd RFe was it still processed as in premium?

- the final result?

 

 

Archived

This topic is now archived and is closed to further replies.