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H1b RFE regarding speciality occupation.

asked Sep 29, 2016 in H1B: RFEs by manjuj (200 points)

I received RFE and my RFE detail is :

If the beneficiary is qualified to perform the duties and undertake the responsibilities of the position offered through a combination of education and experience, please submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the specialty at an accredited college or university, which has a program for granting such credit based on an individual's training and/or work experience.

With the evaluation, the official must include a letter from the dean or provost of the official's affiliated educational institution, stating that the evaluating official has the authority to grant college-level credit for training and/or experience. The dean or provost must also state in the letter
whether the affiliated educational institution has a program for granting credit based on an individual’s training and/or work experience.

USCIS may determine that the equivalent of the degree required by the specialty occupation has been acquired through a combination of education, specialized training, and work experience in areas related to the specialty and that the alien has achieved.recognition of expertise in the specialty occupation as a result of such training and experience. For purposes of determining equivalency to a baccalaureate degree in the specialty, three years of specialized training and/or work experience must
be demonstrated for each year of college level training the alien lacks. For equivalence to an advanced                (or Masters) degree, the alien must have a baccalaureate degree followed by at least five years of                experience in the specialty. If required by a specialty, the alien must hold a Doctorate degree or its               foreign equivalent. The following must be clearly demonstrated:               

1)    The beneficiary's training and/or work experience included the theoretical and practical           application of specialized knowledge required by the specialty;          

2)    The claimed experience was gained while working with peers, supervisors, and/or         
subordinates who have a degree or equivalent in the specialty; and         

3)    The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation such as:

A)    Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;

B)    Membership in a recognized foreign or United States association or society in the
specialty occupation

C)    Published material by or about the alien in professional publications, trade journals,
or major newspapers;

D)    Licensure or registration to practice the specialty occupation in a foreign country; or

E)    Achievements which a recognized authority has determined to be significant contributions to the field of the specialty occupation.

My employer is asking me to send the Experience letter mentioned with my skills and duties from previous employer. TCS(my previous employer) doesn't provide Experience letter with skills, What can I do in this case? Also, Is it what really I am asked for? RFE detail clearly mentions something to "submit evaluation". But, my employer has not mentioned any of this.

Please help me on how to respond on this RFE. Thanks!!
commented Sep 29, 2016 by dan (25,424 points)
What is your education?
Job Title for the H1B visa?
commented Sep 29, 2016 by manjuj (200 points)
Job Title is Programmar analyst. My education is in Information technology(IT). My work experience is in .NET.

1 Answer

0 votes
answered Sep 29, 2016 by dan (25,424 points)
It looks like your education directly related to the offered position of a .NET Developer. It looks like you have a non-US Education, correct?
commented Sep 29, 2016 by manjuj (200 points)
Yes Dan. My education was in India.

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