H1b application RFE regarding OPT

[Gov19]

Received RFE for my H1b application related to F-1 Opt Status (STEM OPT)

Background Info:

Employer info: I'm currently working under Employer A and my H1b application has got picked from Employer B

Visa status: Stem OPT

 

Following are the requested items in RFE:

- Your current STEM training program and how it is managed when you are not working at the STEM employer location

(In I983 form from the time of application to Stem OPT and even from the beginning of Post Completion OPT, I've reported just the employer location and not client locations. What documents would suffice this?)

- Name and contact info of the STEM employer supervisor who provides and supervises beneficiary’s STEM training

- Current I-983 form Training plan from your current employer

(Filled i983 at the time of Stem OPT application, do I need to get new one or the old one from the application time suffice?)

- Evaluations, Training Material, training hours, training description

(Recieved technical training from employer A, but don't have any documentation)

- Employer-Employee relationship between STEM Employer and yourself

( what is this? And whom should I get this from Emp A or B?)

- Names of employers and duration under each, you worked for with post-completion OPT

(Employer A till now, will move to Employer B after H1b decision)

- Paystubs from start of post-completion OPT to April 2019

(OPT started on Feb 13, 2018 and worked on voluntary basis to a consulting form as a trainee till Aug 30, 2018 and then have been working as working paid consultant for employer A, have paystubs from OCT 2018 onwards)

- Evidence that you are working 20 hrs or more per week in a position that is directly related to your US major field of study

(What documents would suffice this?)

 

 

Please assist me as it will be helpful in replying to the RFE.

[gopalakrishnach]

You need to stay out of this. Your petitioner along with immigration lawyer will work on this.

[Gov19]

I need to provide supporting documents because my H1b is filed by a different employer and I'm currently working for Employer A. Please help what documents would suffice as evidence?

[JoeF]

With OPT, you can not work at client locations anymore.

[Gov19]

In this case, if the person has worked at client location. What is the alternative?

[JoeF]

https://www.murthy.com/2018/04/19/uscis-changes-position-on-third-party-placement-of-stem-opt-workers/

You should discuss your situation with a good immigration lawyer.

[xTDx]

There is no alternative. Your best bet is to work with your h1b employer and their attorneys to respond to the RFE. In general you provide what you have with explanation and explain what you don't have and supply supplemental supporting evidence. For example : if you received training from employer, get letters from employer and send over to attorneys. Nobody here is in a position to review your case in depth and provide anything meaningful. You must work with your employer and their attorneys to prepare documentation. Worst case your change of status to H1b will be denied and h1b will be approved on merit. Then you would have to leave country and get a h1b stamp to come back.