New to RFE

[rlvrkumar]

Hello All,

 

I am new to this forum and new to H1B as well. On June 30th, my H1B case was referred to RFE and I am not sure why I have got RFE as I have submitted all the documents.

 

Below are my qualifications,

 

Graduation  - BCom, Completed in 2001

After BCom, I have worked as Medical representative (2001 - 2005) and did not show this experience while submitting the H1B.

 

Post Graduation - MCA (2005-2008)

 

Work experience in IT after my MCA, 7 years. I have also completed various certifications during my career.

 

Please suggest me if I am eiligible for the H1B. If yes, what would be the possible cause for RFE. I am really worried a lot. As I said, I have submitted all my documents to the employer.

 

Thanks for the help.

 

Regards,
Kumar

[jairichi]

You need to ask your employer reason for RFE. And, RFE response will be taken care by employer/attorney. You have nothing to worry.

[rahul412]

what's the RFE about?

For H1 approval, you should have at least 4 yrs of bachelor's degree or its equivalent work exp in that field. Certificates won't help in getting your H1.

[Attorney_21]

It's impossible to even guess without knowing: (1) what kind of position the H1B was filed for; and (2) What kind of company filed the H1B (i.e. their line of business).

 

If we are dealing with an IT consulting company that is seeking to place you at a client location as an Application Developer/Computer Systems Analyst (i.e. a "pure IT" position) I think that there might be questions about your educational qualifications, but that's just a hunch based on seeing many RFEs through the years....

 

(Strictly speaking, a 3-year BCom degree doesn't really qualify you for any H1B-level position, absent additional credentials or evaluated experience). Also, remember that USCIS doesn't usually give much weight to professional certifications in the H1B context....

 

Was the MCA referenced in the filing, and was an educational evaluation submitted?

[rlvrkumar]

Hello,

 

Thank you for the reply.

 

(1) what kind of position the H1B was filed for;

I have been working as Oracle Database Administrator from last 7 years. Now, for H1B, I have applied for same position.

 

(2) What kind of company filed the H1B

I have applied from a company where they are into IT consulting and outsoarcing.

 

I have applied H1B basing on my MCA only as that is my last qualification to support my career.  As i said, I have completed my MCA form 2005 to 2008 and working in IT from 2008 which completed 7 years now. I have submitted all my educational documents including MCA marksheets and original degreee certificate to USCIS.

[rlvrkumar]

Rahul, I have masters of computer applications which is post graduation.

[rahul412]

That's fine, what was the RFE about??

[rlvrkumar]

Rahul, I can see my RFE date was 30th and my emploer did not receive till now. Thats the reason I have posted to check if this is something due to my education. Someone told me that it would be fine since I have MCA. My employer said it would take minimum 2 weeks to receive the RFE notice by them.

[jairichi]

Is MCA and Oracle database administrator job relevant to each other?

[JoeF]

You need to wait for the actual mail to arrive. Guessing things doesn't help.

[rlvrkumar]

Yes. After MCA I have 7 years IT experience.

[rlvrkumar]

Hello,

 

I have come to know about my RFE reason. USCIS is looking for employee-employer relationship. When I checked with my emplyer, they said it is simple and attorney can handle. Can this be cleared without any further issues ?

 

Regards,
Kumar

[jairichi]

Hello,

 

I have come to know about my RFE reason. USCIS is looking for employee-employer relationship. When I checked with my emplyer, they said it is simple and attorney can handle. Can this be cleared without any further issues ?

 

Regards,

Kumar

Well, your employer is confident. If all documents are provided then you are good.

[rahul412]

Hello,

 

I have come to know about my RFE reason. USCIS is looking for employee-employer relationship. When I checked with my emplyer, they said it is simple and attorney can handle. Can this be cleared without any further issues ?

 

Regards,

Kumar

Looks like you are working for consulting firm. Best option would be find another employer, H1 with consulting firm is difficult and even if you get it approved you will face issues in future.

 

I hope you didn't paid for your H1.

[Attorney_21]

This is actually a very common type of RFE for consulting firms, since the 2010 "Neufeld Memorandum" that discussed employer-employee relationships in the H1B context.

 

If you can get end client and vendor letters, that discuss the project and the project duration, and explicitly disclaim any employer-employee relationship with you (there's some standard language that generally satisfies USCIS). your employer should be able to respond to this.

 

If the end-client won't provide a letter, the situation is more tricky, and responding to this query requires a more sophisticated strategy.

 

I would ask your employer about their plans in this regard - good luck!

[alphabeta9@outlook.com]

I have one quick question-

My H1B transfer is going on . I have one worry my degree certificate and marksheet has my last name wrong by a character although it pronounce same.
My all other documents like visa, passport , H1B doc and Pay stubs all have same name and correct name.
Will this have any issues?

[jairichi]

I have one quick question-

My H1B transfer is going on . I have one worry my degree certificate and marksheet has my last name wrong by a character although it pronounce same.

My all other documents like visa, passport , H1B doc and Pay stubs all have same name and correct name.

Will this have any issues?

You are fine.

[psk04]

Hello,

I’m a Master’s student here in USA. I have completed all my course work in 2013 May but was stuck with my Research Project since then. I have worked on CPT(8 months) and OPT(10 months) for 1 and half year. This year my employer filed for my H1-B under Master’s quota and got approved. But my problem is, I did not complete my master’s yet. I still need to complete 1 credit in order to get my Master’s degree.

So can anyone let me know how does it effect in future? I still have my OPT Extension till next year October (2016). What should I do now? Should I cancel my H1 or do something else? I can complete my Masters by December. Please advise me.

[rahul412]

 

Hello,

I’m a Master’s student here in USA. I have completed all my course work in 2013 May but was stuck with my Research Project since then. I have worked on CPT(8 months) and OPT(10 months) for 1 and half year. This year my employer filed for my H1-B under Master’s quota and got approved. But my problem is, I did not complete my master’s yet. I still need to complete 1 credit in order to get my Master’s degree.

So can anyone let me know how does it effect in future? I still have my OPT Extension till next year October (2016). What should I do now? Should I cancel my H1 or do something else? I can complete my Masters by December. Please advise me.

 

Your H1 was not filed under master's quota, if was approved as regular petition. If it was filed under master's quota then your H1 would have been rejected since you doesn't have a degree certificate.

[SidWaitingforH1]

I have a 4 years Bachelors degree in Computer Science and Engineering from India with 11 years of IT experience. H1B filed for Programmer Analyst position. I had submitted an old educational evaluation from 9 years ago. RFE - 

 

Beneficiary Qualifications

Evaluation of beneficiary's education submitted by you is not acceptable coz it doesnt include lefter from  dean or provost of offrcial's affiliated educational institution, stating evaluating ofiicial has authority to grant college-level credit for training and/or experience.

 

Acceptable evaluations should:

1. State if collegiate training was post-secondary education i,. e. whether applicant completed United States equivalent of high school before entering college;

2. Provide detailed explanation of material evaluated rather than a simple conclusory stalement

 

1)With eval,official must include letter from dean/provost stating official has authority to grant college level credit. 

2)Dean/provost must also state affiliated institution has program for granting credit. 

 

[siddu] - Please advise what kind of evaluation/approach would be needed for getting evaluation from official and supporting letter from Dean and for covering above two requirements.

 

If CIS is to make determination on equivalence of beneficiary's work experience,provide doc to demonstrate: 

1.Beneficiary's exp included theoretical & practical application of specialized knowledge 

2.Claimed exp was gained while working with peers supervisors and/or subordinates 

 

[siddu[ - I have got a detailed experience letter of 11 years from my company supervisor - Delivery manager. Is this sufficient enough or I need to get letters from peers? 

 

My 4 years bachelors in computer science and engineering itself should be sufficient enough for the equivalency. Also I have 11yrs IT exp which could be used for equivalence if needed. Please suggest approach to respond to RFE?Kindly suggest eval company and kind of eval needed as RFE needs evaluation from official and letter from Dean.