H1B - RFE


L3K

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Hi All,

 

I need some guidance in answering my H1b rfe.

 

I got two questions in my RFE

 

1) Prove that my occupation is a speciality occupation?

2) Why i should be considered for H1b when my undergraduation is unrelated to my profession

 

 Regarding the question number 1 , i think the confusion was due to a bit generic job descritpon given by employer during H1 filing. Actually the job is in information security. Based on the detailed job descriptoin given by my manager i am sure the attorney can draft a very good response for the question 1.

 

My doubts and fears are related to question number 2.  I have a B.Tech in a filed that is not related to IT in any way. After B.Tech i learnt programming and worked as a software engineer for 3 years.. Then i came to US and did a masters in Management Information Systems (MIS) in a well recognised and accredited university.  I worked for 3 years in information security field on OPT, OPT-STEM and H1. Now i got the RFE on my H1 transfer application.  

 

USCIS seem to have totally ignored my masters degree and focused their question on my bachelor degree.

 

Even my attorney is not sure why would USCIS ignore a relevant masters degree and focus on a unrelated bachelor degree.

 

If anyone had a similar experience or guidance on how we should approach this RFE. Thank you in advance.

 

 

 

 

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USCIS seem to have totally ignored my masters degree and focused their question on my bachelor degree.

 

Even my attorney is not sure why would USCIS ignore a relevant masters degree and focus on a unrelated bachelor degree.

 

 

It happens sometimes, maybe that officer didn't saw your master's degree. Anyhow, that's simple RFE to respond.

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I find it really strange that my team members working on same technology and skill never got an RFE but I got one. And my RFE content was SOW, a added declaration of availability of work and an organization chart. Nothing to do with my skills or education. So how is RFE decided upon. Is it random?

That depends. Just submit the requested documents and you are good to go.

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My Attorney has now submitted the response (infact on 31-JUL). I'm not sure what was the exact content but my attorney asked for an org chart with my position on it, SOW with client and a control letter kind of declaration from an US employed manager of my company.

 

So anyone with experience can advice how things looks based on these additional inputs sought. Its almost 2 weeks and the status says RFE Response Review

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My Attorney has now submitted the response (infact on 31-JUL). I'm not sure what was the exact content but my attorney asked for an org chart with my position on it, SOW with client and a control letter kind of declaration from an US employed manager of my company.

 

So anyone with experience can advice how things looks based on these additional inputs sought. Its almost 2 weeks and the status says RFE Response Review

Dude, you seem to be much worried about the H1. If you want to avoid all these tensions, then just upgrade your H1 processing to premium, you will get the response by 15 days.

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