H1b RFE

[sureshv120]

My company got an RFE on my application. There are three main areas in this.

 

a. Beneficiary knowledge: The RFE says, it is unclear how the beneficiary is qualified to perform the roles of XXXX(listed under computer sciences) since beneficiary holds a degree in electrical and electronics. In addition there is no documentation from your previous employer that specify that you carried out tasks for the position requested for. Submit additional information that beneficiary qualifies for a specialty occupation and has a B.E in the field of computer science or a closely related field. 

 

For this the companies attorney is adamant on not getting a Education Evaluation done. He says I qualify for XXXX with a B.E degree itself. In addition he says he will be submitting an experience letter details duration(7.5 years) and job duties I performed with my past employer. Yes this document described in detail that I have carried out the job as XXXX.

 

Is this sufficient?

 

b. Employer-Employee relationship: RFE states that documentation we provided does not show proof that my Company has any agreement with the End Client I work with. The client unfortunately does not give out client letters. So My Attorney states that he will take SOW screenshot from beeline system(since all SOWs are now not in physical format, all done via a contract management software, beeline), Take a snapshot of my client building access badge(does not have picture, that's the way the contractor cards are). We also have mails from the client stating that Company does not issue client letter and also have mails showing that I work for client via my employer.

 

I am hoping my attorney is right and my RFE will go through. Please advise.

[wiweq]

"Yes this document described in detail that I have carried out the job as XXXX."

 Yes 7 years of work ex would be enough to show your eligibility. 

 

"Employer-Employee relationship"

In consulting work its always tough to show this relationship. Do you think that you will be working with your client, and your day-to-day work will be assigned by your H1b employer, and your salary will be independent of your timesheet?

[jairichi]

Talk to an attorney from Murthy law firm.

By the way what is your major during B.E? Is it related to your H1B profession?

[sureshv120]

@wiweq: Thank you.

@Jairichi: It is B.E in Electrical and Electronics. In B.E we have Computer Science related courses in semesters. Now the problem I face is that my employer has spoken to Attorney relating to Educational Evaluation. Asked twice. Attorney both times said not required. He has 25 years experience by the way,but is very busy and does not spend much time on each case I feel. Third time when employer asked attorney, I believe he said, I know what I am doing, if you know, you file the H1b. So I think there is nothing much I can do. Just pray and hope. It's a genuine case.

[jairichi]

@wiweq: Thank you.

@Jairichi: It is B.E in Electrical and Electronics. In B.E we have Computer Science related courses in semesters. Now the problem I face is that my employer has spoken to Attorney relating to Educational Evaluation. Asked twice. Attorney both times said not required. He has 25 years experience by the way,but is very busy and does not spend much time on each case I feel. Third time when employer asked attorney, I believe he said, I know what I am doing, if you know, you file the H1b. So I think there is nothing much I can do. Just pray and hope. It's a genuine case.

Well, if attorney is that confident can't say anything against it. Good luck.

[sureshv120]

Well I really need your good luck Jairichi. Do you think I have a chance with over 8 years of work exp for a top 5 IT company in the specialty occupation requested for? 

[sureshv120]

In addition the letter from my previous employer mentions that I am certified in XXXX role. There is also an email from the client that employer submitted to lawyer mentioning that I have extensive background in XXXX. In fact I have been working for the same end client for the last 7 years. Just that had to switch employers for personal reasons.