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I got the H1B Receipt, Next Steps Approval or RFE with FAQs

55,352 views 174 comments
posted May 8, 2014 in H1B Visa RFEs by dan (24,624 points)
edited Nov 23, 2015 by dan

On behalf of H1Bsupport.com, I would like to congratulate all of you, who got the H1B picked in the lottery and received H1B receipt notices. I feel very sorry for those who’s H1Bs were not picked in the lottery, please don’t be depressed, it’s not the END of the world.

Your H1B filed under Premium Processing or Normal Processing, please note that the process will be the same for US Advanced degree H1B candidates and non US Advanced degree candidates. The only difference is the processing speed if it is Premium or Normal Processing.

H1B petitions that were filed under the Premium Processing Program

USCIS has begun adjudicating the premium processing petitions on April 28, I have also heard that some Employers already received approval notices for H1B premium processing petitions.

Time Frame: After USCIS begins adjudicating the Premium Processing H1B petitions, USCIS will send a response within 15 calendar days. Yes, calendar days including Saturdays and Sundays. The clock has begun on April 28th and by May 12 you should either get an approval or an RFE (Request for Evidence).

RFE (Request for Evidence): If an RFE is issued the clock will reset to another 15 calendar days from the date they receive a response from your H1B Employer and/or Attorney on record.

Approval Notices: If your case is approved, your H1B Employer will first receive an email stating that the H1B is approved followed by a physical H1B approval notice.

H1B petitions that were filed under Normal processing

Time Frame: USCIS has begun adjudicating the H1B petitions filed under normal processing program on or after April 25.  Adjudication of petitions may take anywhere between 1 month to 6 months, you may receive an approval notice or an RFE within this time.

RFE (Request for Evidence): If an RFE is issued, USCIS will adjudicate the H1B petition in 60-90 days from the day they receive the response from your H1B Employer/Attorney

Approval Notices: If your case is approved, your H1B Employer will receive a physical H1B approval notice. For normal processing H1B petitions, H1B Employer will NOT receive any email notifications.

YOU MAY CREATE AN ACCOUNT AT USCIS.GOV WEBSITE TO RECEIVE EMAIL AND TEXT ALERTS FOR YOUR CASE, ANY CHANGE IN CASE STATUS WILL BE IMMEDIATELY NOTIFIED BY USCIS. 

RFE Section

What is an RFE and why USCIS sends an RFE?

RFE stands for Request for Evidence. While adjudicating an H1B petition, if USCIS is not satisfied with the provided documentation and/or information; USCIS will send a letter asking for more information to the H1B Employer/Attorney. USCIS also allows up to 3 months for sending a response. The processing time will then depend on how soon your H1B Employer/Attorney sends a response to the RFE Notice.

While applying for an H1B visa with the USCIS, proper documentation is the key to avoid RFEs. The employer documentation is exhaustive and differs from Employer to Employer. I will post a separate article with an exhaustive list of documents, explaining the importance of each document, please subscribe to this blog or Facebook LIKE to get updates!

What kind of RFEs can I expect?

The most common requests for evidence are as follows and USCIS may ask for one single item or all of them items as listed below:

Specialty Occupation 

  • Education of the beneficiary, foreign equivalency evaluation (if overseas education like India)
  • Availability of a Project or Client with the H1B Employer
  • Employer – Employee Relationship, Client Letters
  • Employer Business
  • Maintenance of Status for beneficiaries in the United States (Filed under Change of Status to H1B)

RFEs on Specialty Occupation

USICS needs information from the Employer to confirm that the offered job qualifies under specialty occupation.  In other words, the job needs someone with a specialized knowledge possessing at least a Bachelor’s Degree in a related field. USCIS will specifically request the H1B Employer to explain the nature and complexity of the job and why it requires someone to possess a bachelor’s degree to perform the job. Your H1B Employer should explain the job in detail with examples; time spent for each task/duty on a weekly basis. It is the responsibility of H1B Employer to show evidence to USCIS and provide proper documentation.

Example:

To perform a Job of a Programmer/Analyst one may require a Bachelor’s Degree and the occupation Programmer/Analyst qualifies under specialty occupation

To perform a job of an Administrative assistant, one does not require a Bachelor’s Degree and the occupation Administrative Assistant will NOT qualify under specialty occupation

It is very important to note that USCIS will not simply go by the Job title while adjudicating the H1B petitions, they will rely on job duties.

What is a Specialty Occupation?

In order to perform services in a specialty occupation, you must meet one of the following criteria:

  • Hold a United States baccalaureate or higher degree as required by the specialty occupation from an accredited college or university
  • Possess a foreign degree determined to be equivalent to a United States baccalaureate or higher degree as required by the specialty occupation from an accredited college or university
  • Have any required license or other official permission to practice the occupation (for example, architect, surveyor, physical therapist) in the state in which employment is sought; or 
  • As determined by USCIS, the equivalent of the degree required by the specialty occupation acquired through a combination of education, training, and/or experience. Specialty occupations may include, but are not limited to, computer systems analysts and programmers, physicians, professors, engineers, and accountants.

RFEs on Education and Experience

The offered job should be directly related to the field of study. If you have a US Masters Degree in Chemistry and your H1B job is Programmer/Analyst which not related, it would trigger an RFE. USCIS will send an RFE asking the H1B Employer to show evidence “How the beneficiary will work as a Programmer/Analyst, when his/her field of study is Chemistry”

The educational evaluation for overseas degrees is usually ignored while sending the H1B Petition, you may have a BS degree in Computer Science or an MCA; USCIS must get a document stating the equivalency of your Education in the United States to determine the level of you education. For Indian degrees like IIT, IIM are exempt from this requirement.

What is an Educational Evaluation or Foreign Credentials Evaluation?

You're foreign education and/or experience is evaluated by a Private Agency or a University Professor to determine your educational equivalency when compared to the United States degree. Since your education is from another country, there is no way USCIS can determine that you have a valid degree.

In some cases, where your education is NOT directly related to the job offered, evaluator may use your experience to determine the equivalency. Each 3 years of work experience is counted towards 1 year of college in a related field.

Example: Bachelor’ in Engineering (Mechanical) + 3 Years of IT Experience = Bachelor’ in Engineering (Information Technology or Computer Science)

My H1B was applied as a Programmer/Analyst and I have a non-related degree with IT Experience, equivalency evaluation has not been submitted, would I get an RFE?

Yes, most likely. USCIS must determine that you qualify for the job and you have related degree and/or experience.

If you have any questions on the Education part, please post in comments, one of our H1B supporters is a professional educational evaluator and she will answer your questions.

RFEs on Availability of a Project or Client

This is the most important item, especially when an H1B is filed by a Consulting Firm. If you’re H1B was applied by a large company with A/K/A full-time basis, you may not worry about an RFE for this item.

But, for IT consulting firms, it is a big problem to show sufficient H1B specialty work for the requested H1B period of Employment.

USCIS wants to confirm that the H1B Employer has sufficient specialty occupation work available with the H1B Petitioner. A petitioner may have good revenue and bank balance to pay the salary, unlike the GC process; ability pay is not required for H1B petitions.  H1B Employer must demonstrate the following:

  • A viable existing internal/in-house project with Market analysis, customer base and competitor analysis to employ the beneficiary under H1B basis

OR

  • A contract/client letter from a Client showing that a Specialty occupation work available for the requested H1B period of Employment

RFEs on Employer – Employee Relationship

This is a trivial RFE and H1B Employers/Attorneys have tough time responding RFEs related to Employer–Employee Relationship

What is this Employer–Employee Relationship?

On January 08, 2010, USCIS Director issued a Memo concerning H1B Employment and how the H1B Worker will be controlled by the H1B Employer while working at a third-party client site.  See the official Memorandum. 

The memorandum also discusses examples of evidence the petitioner may submit in order to establish that an employer-employee relationship exists and will continue to exist throughout the duration of the requested H-1B validity period.  Examples of that evidence include a complete itinerary of services or engagements, a signed employment agreement with the beneficiary, and/or relevant portions of valid contracts statements of work, work orders, or service agreements with the end-user client.

Common Law (Internal revenue Service):  Under the common law rules, every individual who performs services that are subject to the will and control of the employer, as to what must be done and how it must be done, is an employee.

However, H1B Employers cannot simply state that we will be paying the beneficiary and he/she is our Employee. There are a number of factors beyond Payroll, benefits, performance reviews to be considered while providing a response to such RFEs. If the H1B Employer is not careful while sending a response for this item, it may end up in your case being denied.

On February 18, the USCIS held a "Collaboration Session" in Washington, D.C., to address the growing concerns about the implications of the Neufeld Memo. Approximately 500 people (400 via teleconference) attended the two-hour session, in which USCIS officials responded to the "unintended consequences" caused by the Neufeld Memo.

"H1BSupporters – Please note that I have personally attended this conference"

H1B Employers must demonstrate how they control the beneficiary’s employment while H1B workers are placed at third party client site, it is a common scenario if your H1B Employer is a Consulting firm. see illustration below.  H1B Employers must demonstrate their ability to supervise and control H1B Employee’s Work/Product and the ability to hire/fire the H1B Employee.  Also demonstrate that only H1B Employer has the right to assign additional duties to beneficiary NOT the Vendor and/or Client.

Citing the H-1B regulations, the Neufeld Memo explains that a U.S. employer that files an H-1B petition must have "an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise or otherwise control the work of any such employee." Adjudicating officers are instructed to weigh the following factors when determining whether a valid employer-employee relationship exists:

  • Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
  • If the supervision is off-site, how does the petitioner maintain such supervision, i.e., weekly calls, reporting back to the main office routinely, or site visits by the petitioner?
  • Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
  • Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
  • Does the petitioner hire, pay, and have the ability to fire the beneficiary?
  • Does the petitioner evaluate the work-product of the beneficiary, i.e., progress/performance reviews?
  • Does the petitioner claim the beneficiary for tax purposes?
  • Does the petitioner provide the beneficiary any employee benefits?
  • Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
  • Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
  • Does the petitioner have the ability to control the manner and means in which the work product of the beneficiary is accomplished?

The Memo emphasizes that the determination of whether an employer-employee relationship is valid should hinge on the extent to which the petitioner has the right4 to control the beneficiary's work, i.e., control over when, where, and how the beneficiary performs the job. In addition, adjudicating officers should consider the totality of the circumstances when weighing these factors, including the nature of petitioner's business and an H-1B beneficiary's work. Furthermore, the petitioner must maintain the right to control the beneficiary's work throughout the H-1B validity period in order to constitute a valid employer-employee relationship in the H-1B petition context.

How is this possible, I will be working at the Client site, I may be reporting to the client manager?

Unfortunately, based on the Neufeld Memo and regulations, H1B Employers must demonstrate that your H1B Employers controls your Employment.

What Evidence can we submit to satisfy this requirement?

In addition to analyzing the parameters of a valid employer-employee relationship, the Neufeld Memo specifically includes the following list of the types of evidence that an H-1B petitioner may submit with an initial petition in order to demonstrate that a valid employer-employee relationship will exist for the duration of the H-1B validity period:

  • A complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested;
  • Copy of signed Employment Agreement between the petitioner and beneficiary detailing the terms and conditions of employment;
  • Copy of an employment offer letter that clearly describes the nature of the employer employee relationship and the services to be performed by the beneficiary;
  • Copy of relevant portions of valid contracts between the petitioner and a client (in which the petitioner has entered into a business agreement for which the petitioner's employees will be utilized) that establishes that while the petitioner's employees are placed at the third-party worksite, the petitioner will continue to have the right to control its employees;
  • Copies of signed contractual agreements, statements of work, work orders, service agreements, and letters between the petitioner and the authorized officials of the ultimate end-client companies where the work will actually be performed by the beneficiary, which provide information such as a detailed description of the duties the beneficiary will perform, the qualifications that are required to perform the job duties, salary or wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, and any other related evidence;
  • Copy of position description or any other documentation that describes the skills required to perform the job offered, the source of the instrumentalities and tools needed to perform the job, the product to be developed or the service to be provided, the location where the beneficiary will perform the duties, the duration of the relationship between the petitioner and beneficiary, whether the petitioner has the right to assign additional duties, the extent of petitioner's discretion over when and how long the beneficiary will work, the method of payment, the petitioner's role in paying and hiring assistants to be utilized by the beneficiary, whether the work to be performed is part of the regular business of the petitioner, the provision of employee benefits, and the tax treatment of the beneficiary in relation to the petitioner;
  • A description of the performance review process; and/or
  • Copy of petitioner's organizational chart, demonstrating beneficiary's supervisory chain.

The evidence that H1B Employers can submit may vary, if you have a particular situation, please comment below and I will provide information.

We heard some good news that USCIS has relaxed this regulation FAQs, by adding that a Client letter is not required if the following is met. See official here

Am I required to submit a letter or other documentation from the end-client that identifies the beneficiary to demonstrate that a valid employer-employee relationship will exist between the petitioner and beneficiary if the beneficiary will perform services at an end-client/third-party location?

No. While documents from the end-client may help USCIS determine whether a valid employer-employee relationship will exist, this type of documentation is not required. You may submit a combination of any documents to establish, by a preponderance of the evidence that the required relationship will exist. The types of evidence listed in the memorandum are not exhaustive. Adjudicators will review and weigh all the evidence submitted to determine whether you have met your burden in establishing that a qualifying employer-employee relationship will exist.

If you have a particular situation or I have missed anything, please post comments!

RFEs on Employer Business

USCIS must determine that the Employer is in the business and satisfy the requirements of a United States of Employer. There are number of documents your Employer can submit based on the type and size of the Employer

“Under C.F.R. 214.2(h) (4)(ii) “United States employer,” is defined as follows. United State employer means a person, firm, corporation, contractor, or other association, or organization in the United States which:

(1) Engages a person to work within the United States;

(2) Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee; and

(3) Has an Internal Revenue Service Tax identification number.”

What documents can the H1B Employer submit to satisfy this requirement?

  • Tax ID Letter from IRS
  • Tax Returns
  • Company registration documents
  • Office Lease or Ownership
  • Telephone or utility bills
  • Website screen shots
  • Yellow Pages or Google Listings

RFEs on Maintenance of Status for beneficiaries in the United States (Filed under Change of Status to H1B)

These items cover RFEs issued only for H1B petitions for beneficiaries who are presently in the United States to seek a change of Status to H1B as of October 01. Based on your present status, you may be required to submit the following information.

  • Change of Status from F1/OPT/M1/J1
  • All forms I-20 and OPT Cards
  • Confirmation of tuition payments to school
  • Eligibility of Cap-Gap (if any)
  • Change of Status from F2/J2
  • All form I-20s of Spouse
  • Confirmation of tuition payments to school
  • Marriage Certificate
  • Change of Status from L1
  • Paystubs as of H1B filing date
  • L1/I-797 validity until September 30 or I-94
  • Change of Status from L2
  • Paystubs of spouse as of H1B filing date
  • L1/I-797 validity of spouse until September 30 or I-94
  • L2/I-797 validity until September 30 or I-94
  • Marriage Certificate
  • Change of Status from H4
  • Paystubs of spouse as of H1B filing date
  • H4/I-797 validity until September 30 or I-94
  • Marriage Certificate
  • Change of Status from B1/B2
  • I-94 Validity until September 30

Conclusion on RFEs: USCIS may request all the above information or a combination of information based on the documents initially submitted with the H1B petition. I did my best in providing the information on RFEs, please comment if I have missed anything.

NOID (Notice of Intent to denial) – What is this?

On very rare occasions, USCIS issues an NOID on particular H1B petitions, when USCIS determines that there has been mis-representation or fraud while filing the H1B petitions. The NOID may be sent before an RFE or after an RFE response is received. I will not be discussing much about the NOIDs; I will post another Article in respect to NOIDS.

If you have a situation, please comment below, and I will post related information.

H1B Approval Notices Section

Hooray… The H1B is approved, what are the next steps?

H1Bs with COS (Change of Status as of October 01)

If you are in the United States and your H1B is approved with COS as of October 01, you may begin employment.

Do I require H1B Visa Stamping?

NO. You do not have to stamp an H1B visa to begin work as COS is approved. However, you need a visa if you want to travel.

H1Bs with Consular Processing

Presently in the United States:

Option # 1: Your Employer may file an amendment and change status to H1B at a later point of time when there is a project (usually with consulting firms)

Option # 2: You may go to a US Consulate to get an H1B visa stamping and return on H1B

Presently Overseas:

H1B Employer needs to send H1B petition package to obtain an H1B visa stamping at your home country.

I will post another detailed article about the H1B visa stamping process, in the mean time you may visit the H1B visa stamping experience section to get more information. 

H1BSupporters: I hope this article provides information to help you after your H1B is filed, please let me know if I have to cover anything or you have any suggestions by commenting below.

174 Comments

commented Jun 1, 2015 by Dan
I have heard that RFEs are already being sent, anyone got RFEs?
commented Jun 1, 2015 by Compex
Great Blog, Thank you Dan..!!
commented Jun 1, 2015 by Dan
I remember your H1B was filed under Premium Processing correct?
commented Jun 1, 2015 by Dan
Let us know what was requested,  so that our supporters benefit. Thanks
commented Jun 1, 2015 by Dan
Thank you Compex!
commented Jun 1, 2015 by Visa2014
Dan,

I have received RFE on May 1st. No update about RFE from employer.
commented Jun 1, 2015 by Compex
Did anyone received approval/rfe for regular processing?
commented Jun 1, 2015 by Visa2014
Yes my H1B visa was filed under Non-AD/PP/EAC.
commented Jun 2, 2015 by Dan
You can stay under cap gap regulations until the h1b is adjudicated and if the h1b is denied then you have to leave the country.
commented Jun 2, 2015 by Dan
Yes, as long as the RFE is just on education.
commented Jun 2, 2015 by cici
I got the receipt. My OPT will expire in June. My case is regular processing. If by August I still don't hear anything from USCIS, what should I do? Do I have to leave US or I can stay and wait
. In the worst case I don't get approval do I have to leave immediately or I will have time to prepare? Can I still work after June?  Thanks
commented Jun 2, 2015 by SK
I have BBA+ MBA in india(5yrs) + 11 yrs Job related work experience.I got RFE for specialty education. My attorney replied with educational evaluation of my Degree and work experience. Is it sufficient?
commented Jun 2, 2015 by Suresh Kumar Chandrasekaran
Yes. That was old one. Now my attorney took 2evaluations. One for education and other for work experience.  My rfe was to prove that I'm qualified to do speciality occupation. I worked forsame employer for 3 yrs. Thay included my performance appraisal for 3 yrs as well.
commented Jun 2, 2015 by Visa2014
Hi,

Did you submit education evaluation earlier when you filed your petition.
commented Jun 2, 2015 by Suresh Kumar Chandrasekaran
Job title is Sr DBA and duties are related to DBA tasks
Education is BBA + MBA in systems. 13 yrs of experience but only 11 yrs were considered by my attorney due to experience letters.
commented Jun 2, 2015 by kumar
Hi Dan, nice article. very informative. Here is my situation, can you please access .
Got RFE asking for inhouse project details.
USCIS asked for the project contracts , company tax details and signed employment agreement .
My company is small company and revenue about $1200000 gross revenue. We have got projects from big clients till june -2017.

They asked "Provide evidence that you have specialty occupation work available for requested H1-B validity period."

We have 3 signed projects from big clients for 2 years 5 months not 3 years. Will that be problem. And also we are working on inhouse project as well.(my company has own product). And also we are submitting proof that the company is growing and we will get projects after that .

1)since we have projects for 2 years 5 months , an) possible extension of those projects after that period .

2)my company is start up company , found in 2011.

3)annual gross revenue over $1200000 .

will there be problem with above 3 points. Just wanted to know how USCIS make decisions about small companies.

As you know we have little visibility to the lawyers. I am little tensed . from your experience can you please assess the above 3 mentioned points. Thanks in advance

what are my chances of getting H1b approval.
commented Jun 2, 2015 by Suresh Kumar Chandrasekaran
My RFE was to prove that I'm qualified to do speciality occupation.
commented Jun 2, 2015 by Dan
1) What was the Job title and duties listed in H1B Petition?
2) What is your education and related experience?
commented Jun 2, 2015 by Dan
Good, I would clearly explain that these are customers and you will be working on the enhancements and maintenance of these projects with contracts and invoices (if any). Also, send a letter  (apart from RFE response) from the Project Manager on this project that you are assigned to this SDK with duration, roles, responsibilities and education requirements.
commented Jun 2, 2015 by kumar
Hi Dan,

Thanks for the quick response. my role is lead developer.I am managing team of 3. My company's in-house project (which is SDk- software development kit) is integrated into the client projects which I mentioned 3 projects. The SDK is ongoing process (enhancements and new features according to client requirements). We have all marketing plans about this product.  All projects will be done at in-house only . Do we still need client letters? I mean in other words its like getting(bid) the project-->integrate our SDK and develop product--> deliver. I think  my company have all documentation that all projects will be done in-house only. your suggestion please.
commented Jun 2, 2015 by Dan
Ideally, they should assign you to one single project, probably the in - house project, multiple projects may lead to unwanted problems like LCAs for multiple locations.  If they are going to be assigning you to the product you mentioned,  ensure they submit a market analysis and their customers list who are using or contracted to use that product/software.  You may also request them to be precise on the project like 6 months and ask for an approval for a lesser duration,  which is more realistic . Although your company may have this product, it is often tough to convince the USCIS for the viability of the project.  They must submit a detailed project plan, business plan, market analysis and customer base  

If they would assign you to a client project, your employer must get a letter from client with your name, if the lca is for your company location, I assume it's going to be remote work and the contract or letter must state so. If your LCA is for your company location and the client is located elsewhere and if there is no LCA initially submitted with the petition,  it may get into trouble.
commented Jun 2, 2015 by Dan
As mentioned in the article it is NOT the revenue of the Company which matters, it's the availability of a project/Specialty occupation work, even if your company has no turnover. Good luck.
commented Jun 2, 2015 by Dan
They need to be careful about establishing that a DBA job needs someone with a Bachelor's Degree and it's specialty occupation, USCIS state in most RFE that DBA job does not need a BS degree - which service center was the case filed?
commented Jun 2, 2015 by Suresh Kumar Chandrasekaran
Also, I have approved I140 with same employer.
commented Jun 2, 2015 by Dan
It does not matter if you were previously employed with the same company. I am assuming your attorney sent a detailed response, including an expert opinion letter.
commented Jun 2, 2015 by Suresh Kumar Chandrasekaran
I worked in same Company & job for 3 yrs and left company for 6 months before rejoining them again. Case was filed with Vermont but it was transferred to California for some reason. In RFE's response, attorney concentrated only on my work experience and education. He also provided my performance appraisal for 3 yrs. In the required job description for this position, they don't have any education requirement for this position.
commented Jun 2, 2015 by sam
Hi,

I there any hope yet to still receive a receive for AD/RP? I know that data entry got done a week earlier put that doesn't in any way indicate all the receipts have been issued
commented Jun 2, 2015 by Dan
Not your Education/Experience. I am referring to an Expert opinion letter stating that the DBA job along with duties requires someone with a BS degree and related experience (I am assuming the RFE is for Specialty Occupation and I do not know the content of the actual RFE, it could be they just asked how beneficiary qualifies AND/OR why this job it self needs someone with a BS degree)
commented Jun 2, 2015 by Suresh Kumar Chandrasekaran
Dan,

Expert opinion letter? Do you mean Educational & work evaluation from 3rd party? If so .. yes. They have submitted 2 evaluations: one equivalent to Bachelor  and other one is equivalent to BS in CS. Do you think it is sufficient?

Thanks
commented Jun 2, 2015 by Dan
I-140 can be used to extend beyond 6 years if there are no visa numbers available for your country of birth. It has nothing to do with the H1B RFE.
commented Jun 2, 2015 by sam
You dont think so? means you are not entirely sure.Based from the tweets of @ImmigrationCom and also from several other forums people are still receiving receipts yesterday nd today.So how were you so sure that people are not goin to receive receipts in your previous posts Dan??
commented Jun 2, 2015 by Dan
I don't think so, sorry about that!
commented Jun 2, 2015 by Dan
Purely based on USCIS official notifications sam.
commented Jun 2, 2015 by Dan
If you noticed my previous comments,  I have always asked people to wait until the h1b packages are returned.  Unless there is an extreme mail delay, h1b employers must have received by now. When it comes to big law firms, they may not get mail delivered,  instead they go to post offices to collect mail and that can cause delay for notifications of h1b receipts.
commented Jun 2, 2015 by h1b applicant 1
Hi Dan,

Thanks so much for posting this article.

Could you please assess my case?
My employer (floral wholesale distributor) filed for my H1B. My job is Sales Manager and we did premium processing.
I graduated last May from a US college with a BA in Government and Spanish.

We got a notice from USCIS that my application was picked by the lottery and on May 7th they sent us an RFE. The biggest concern in the RFE is the disconnect between my job title and my major. I have done a lot of sales job in past and I have had management experience.

We are doing our best to get this visa approved. We have collected all the necessary documents and we have hire an evaluator to assess my previous work and academic background.

Could you please give me your opinion on this. It would be greatly appreciated.

Thank you so much!

Sun
commented Jun 2, 2015 by Guest - h1b applicant 1
Thank you so much for your prompt response.
I have already contacted a few evaluators. However, I am worried if there will be able to make a strong connection between Sales Manager job title and the Government/Spanish double major. I did take a few econ courses and the job also prefers someone who can speak Spanish.
From your knowledge, do you think I have any chances?

Thank you Dan!

Sun
commented Jun 2, 2015 by Dan
You need to send them an evaluation with your education + experience to show that your education/experience is directly related the H1B job offer, I would also send an expert opinion letter. Please use an evaluator who is experienced in handling H1B cases. Check this out thedegreepeople.com
commented Jun 2, 2015 by Dan
Yes as long as you have experience.
commented Jun 2, 2015 by Dan
It should be both. As under OPT/STEM regulations you must be working, if you are unemployed, you must leave the country.
commented Jun 2, 2015 by MV
Hi I am an AD/RP...I am doin a full time job in the same field in which i did my Masters. I got an RFE asking to send evidence that the beneficiary is in valid non-immigrant status.. I am currently on F1-OPT Stem Extension...My attorney said that they would need three months pay stubs before April.

But is  the RFE for paystubs or I-20's???( Because I doubt that my attorney has not sent all my 4 I-20's)..

Please let me know.

Thanks!!
commented Jun 2, 2015 by MV
I got RFE asking for evidence that beneficiary is on valid H1 status during the filing period....I am on F1-OPT stem extension right now and I was always employed....

What evidence needs to be provided is it all I-20s or paystubs?? My attorney says just paystubs...( I doubt my attorny hasnt submitted all my 4 I-20's).Please let me know

Thanks!!
commented Jun 2, 2015 by Sameer
I received my receipt on 21april max when i m supposed to get my aproval..or whatever decision
commented Jun 2, 2015 by Dan
Please send the following:

1) All I-20s
2) School Fee payment receipts
3) Paystubs during OPT/STEM employment (send all available or last 6 months to make it strong)
commented Jun 2, 2015 by Dan
They are actively processing,  you may get an approval or RFE in few weeks.
commented Jun 3, 2015 by Dan
Good luck with your case, I hope it gets approved. The 15 calender days clock is reset and calculated from the day they have received the response for the RFE .
commented Jun 3, 2015 by kumar
I am still waiting for decision. We submitted all documents last week. As it is premium processing ,I should get decision this week. Thanks for the follow up . I am sure update the decision here
commented Jun 3, 2015 by Dan
Any updates on your H1B?
commented Jun 3, 2015 by Sameer
Hi Dan
 I received my receipt for nonAD RP on 21 april but no update since then ,do have update regarding approval fron california center?till when i have to wait for any update?
commented Jun 3, 2015 by Dan
USCIS is actively processing h1b petitions,  please wait for few more weeks.
commented Jun 3, 2015 by Got RFE for 2015. Yet to get the details
Hello,

I got RFE status when it was checked in the USCIS website. But I am yet to recieve the data for what I have recieved the RFE. I came to know from the employer that, it would take some time to get the details. However, based on the information provided in this website, I have a query.

I am holding a B-tech degree in electronics and communication, In addition to that I had taken a part time MBA from the Symbiosis University in Marketing. But my job role is for the programmer. So can this MBA degree, be a reason for this RFE?. In that case, what could be the next step? How can i clear that?
commented Jun 3, 2015 by Reg/Non adv
Hi,
Hi Dan,
I got the receipt number on 24th April but still when I check the status its in "Initial review".
My receipt number is EAC141405**** .I can see people having higher series number getting approvals.
How is USCIS processing the applications?How much time do I need to waiit?
commented Jun 3, 2015 by Dan
Lets wait for the details, I am assuming it's education.
commented Jun 3, 2015 by Sameer
I dont know may be its with employer or attorney but i got my wife's H4 approval notice as dependent of myH1
commented Jun 3, 2015 by Dan
That could be an error, did you get the H1B approval notice?
commented Jun 3, 2015 by Dan
It is not about any series of numbers, its the standard process. Please wait!
commented Jun 3, 2015 by Samee
Hi Dan,
My case was L1to h1COS .I got my approval on 28 may but again my case status is changed to initial review stating that my alien registration number is changed.What does it mean?
commented Jun 3, 2015 by Sameer
I have a mail from status update which states that has been approved

Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER


Your Case Status: Post Decision Activity


On May 28, 2014, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
commented Jun 3, 2015 by Joydeep Ghosh
Yes, it is approved. Congrats!!
commented Jun 3, 2015 by Dan
Just try to get the H1B approval notice.
commented Jun 3, 2015 by Joydeep Ghosh
Dan,

I have mailed you again regarding the education evaluation.

Thanks a lot for your help.
commented Jun 3, 2015 by Dan
Congratulations!
commented Jun 3, 2015 by Joydeep Ghosh
Hey Dan,

How is your health doing today?
Hope ur good.
Need a few consultation from you.

Regards.
commented Jun 3, 2015 by Dan
I will reply, I am sick!
commented Jun 3, 2015 by venu
Wav, You have shared A-Z information about REF. If attorney submit proper documents, most of the cases [url="http://www.immigrationquestion.com/h-1b-visa"]the H1B visa[/url] proceed without RFE.
commented Jun 4, 2015 by Dan
Fine, I replied in Q/A Forum, please continue the discussion at forum. Thanks!
commented Jun 4, 2015 by Dan
Yes, retaining services of a 'Qualified and Experienced" Immigration Attorney is always a good idea.
commented Jun 4, 2015 by Vivek
Hi ,
I got RFE for 2 things:

1. Employer Employee  Relation.
2. Speciality Occupation.

Could you please help, what all specific document we should furnish to clear this?

Thanks
Vivek
commented Jun 4, 2015 by San
Hi,
I have recently applied for h1 this year and I have got an RFE for my petition.
Can you please help me in knowing how to answer the requested questions:

1. Evidence that university's CPT program is an integral part of the school's MBA curriculum.
2. Explain how my CPT employment is related to the MBA program. ( I will also also provide my explanation for this, but may require some explanation from the university as well).
3. Explain how I am able to maintain a full-time student status while on CPT, such as enrollment in other courses as required by my program of study.

Thanks in advance.
San
commented Jun 4, 2015 by Dan
Vivek,

Please provide more information on the RFE, you may post under QA Forumhttp://h1bsupport.com/q-a-forum
commented Jun 4, 2015 by San
Sure thank you.
Please let me know if you need any further information that may help u in anyway.

Thanks,
San
commented Jun 4, 2015 by Dan
I will post a detailed answer in a day!
commented Jun 4, 2015 by San
Hi,

I am in same situation as you. i was questioned about the relation between job and MBA.
Can you please let me know how you replied to the RFE or any information you might have about it.

Thanks,
San
commented Jun 4, 2015 by San
Hi,
Here are my job duties:
commented Jun 4, 2015 by Dan
San,

Please provide the following:

1) Job Title and Duties of CPT Employment
2) Job Title and Duties of H1B Employment
3) Are you working on CPT, if yes, Job Title and Duties
commented Jun 4, 2015 by Joydeep Ghosh
Dan,

Could you please respond to my question in the forum? Please let me know. If you can also help me out on the transfer, if possible please also let me know.
I have emailed you the receipt copy and my CV as well.

THanks for your precious time and help.

Regards.
commented Jun 4, 2015 by Nishant Kumar
Hi,

I just got an RFE for proving that my job profile is related to my bachelor's degree. I work as a programmer/analyst and have a B.Tech degree in Mechanical Engineering from IIT. Can you please suggest how I could tackle this case
commented Jun 4, 2015 by Dan
You should get an Evaluation with Experience to get an equivalency to an IT related filed of study, 3 Years of Experience equals one year college. see this Article [url="http://h1bsupport.com/blog/sample-h1b-educational-evaluation-with-experience"]Sample H1B Educational Evaluation with Experience[/url]

Also see this article from a professional [url="http://h1bsupport.com/blog/another-reason-for-an-rfe"]Another reason for an RFE Educational Evaluation[/url]
commented Jun 4, 2015 by amol
My first H1B petition is selected in lottery now i got the RFE on it , saying that they need a VAlid SOW and Client letter, Now the problem is at the time application filling i was on project , and i have submitted that project SOW , Now when i got the RFE , I was on the Practisce /bench team,
Now it is not possible to get the Client letter ab\nd SOw of that Client My Immigration team said they need the same client Valid SOW and Letter,
SO in case what you will suggest , because i am not getting that client SOw/letter  as my assignment is over ,
commented Jun 4, 2015 by Dan
Did the file the H1B based on the client location, I mean what was the location listed on the LCA (Labor Condition Application)? Sometimes, H1B Employers list both their office location address and the client location address..
commented Jun 4, 2015 by San
Hi Dan,

I am not in IT. I am in Quality Control in Manufacturing field. I have degree in mechanical and did Quality Engineering in my previous job. But the thing is that I hv to show the relation between CPT job and MBA.

Please let me know if you need any further information.

Thanks,
San
commented Jun 4, 2015 by Dan
Please email me the rfe at admin@h1bsupport.com
commented Jun 4, 2015 by Guest h1b applicant
Hi Dan! My visa was approved on Friday, June 20th!
I am planning to travel outside the country. Do you know anything about the terms of traveling on H1B?

Thank you!
commented Jun 4, 2015 by Raj
Hi Dan,

My situation is quiet different here. My employer filed my H1B extension Premium processing on June 30th. We got a RFE on Friday June11. My employer has not received any FAX or email or mail yet. Since this is a premium process, i assume USCIS must have faxed it to the attorney. The problem here is my attorney is out of state and we are not able to get in touch with him. We have no idea what is in the RFE. Could you please tell me if there is a way my employer can get the RFE or will USICS be sending the RFE to my employer over mail or fax or email?
Is the RFE reply time shorter as my case was initially filed under premium processing?
will there be a problem if a different attorney takes my case from here and responds the RFE to USCIS?

i am very tensed with this going and would really appreciate your feedback.

Thanks,
Raj
commented Jun 4, 2015 by Dan
Your H1B Employer may call the premium processing unit at 1-(866) 315-5718 and request to resend the fax to a different fax number. They are very helpful and you should get a copy immediately.
commented Jun 4, 2015 by Vivek
My H1B visa was initiated and it got RFE . Now its current status is in the "Response for Review" Stage.
My query is, I just wanted to add my wife's name to my passport and wanted to apply a passport for my Kid. In that case, a new passport will be issued to me. Can you please tell me, if that new passport is fine to be taken forward with the Visa processing?
I came to know that the new passport will contain the old passport details as well. So Will that new passport be good enough to proceed with the Visa processing?

Pls Note: My current passport expiry is Apr 2016.
Please advice.
Thanks in Advance,
commented Jun 4, 2015 by Dan
Yes, you may take the new passport, please also carry the old passport.
commented Jun 4, 2015 by Raj
Thanks for your prompt feedback.

I do have the RFE and here is what it is asking for- This is what the RFE states:
1. You submitted these all docs
commented Jun 4, 2015 by Raj
Hi Dan,

1. No i could not get the letter from the client ABCD. But the Vendor did provide a letter stating that I am working on their SOW so the VENDOR is the end client in my case.

2. Vermont

3. No its an extension case.

Now, my problem is my project might get ended mid of august. The attorney whom i was working finally answered the call and mentioned he will reply the RFE by 30th, July. Now he called me today stating that he will not be able to reply my rfe until he is back which is August 12. I am so worried have no idea what to do.

Please advise.

Thank you so much.
commented Jun 4, 2015 by Dan
1) Are you able to get a letter from end client ABCD?
2) Which USCIS service center
3) Would this H1B is a fresh Quota H1B with a start date of October 01?
commented Jun 4, 2015 by Dan
I am not sure, do you know what the content of the RFE?
commented Jun 4, 2015 by Sudarshan
I received an RFE. My company says it's RFE for company.
There were @ 15 H1Bs got picked inmy company. Others who have got petition approved are there in the same company for 4+ years. I am just completing 1 year. What are the next steps? Will it get approved ?
commented Jun 4, 2015 by Dan
Your Employer may remove the Attorney on record and use another Attorney to answer or your Employer may directly send a response, please let me know if you need any help (no legal advise)
commented Jun 4, 2015 by Uday Kumar
Hi

I received RFE. My name is not correctly mentioned on RFE document.
How can i correct the name in RFE and future steps?

How to deal with this name mistake?
commented Jun 4, 2015 by Uday Kumar
Hi

Thanks for the quick reply.  One more query regarding H1b interview location.

Currently i'm in canada. After receiving the response, will it be acceptable to take an interview from Canada or do i need to go to INDIA(which is my home country) to attend the interview?
commented Jun 4, 2015 by Maher
RFE:
Beneficiary's Qualifications
Submit additional evidence that the beneficiary qualifies for a specialty occupation, that is, has at least a baccalaureate degree in the field of computer science or engineering, or in a closely related field.  If the degree is in a closely related field, submit an explanation how it relates.

While you submitted the beneficiary's graduate and undergraduate degrees and graduate transcripts, you have not submitted the beneficiary's undergraduate transcripts. The United States Citizenship and Immigration Services (USCIS) requires the undergraduate's transcripts if they are being used to provide evidence of the beneficiary's qualifications for the specialty occupation as stated in the application and the credentials evaluation report provided. While the graduate transcripts certainly do provide evidence as to the beneficiary's qualification the degree only accounts for two years, half of the required four year bachelor's degree, required to permit the beneficiary to work in the speciality occupation.
Please submit the beneficiary's undergraduate transcripts and provide a thorough explanation emphasizing those courses which are pertinent to the specialty occupation at hand. This will aid the USCIS in ascertaining whether or not the beneficiary is qualified for the specialty occupation mentioned in this application.

After this my attorney resend them all of my degrees with transcripts and experience letters and now status changed to response review. Any chances to get approved.

Thanks,
commented Jun 4, 2015 by Dan
While responding to RFE, your H1B Employer/Attorney simply requests a correction in the name along with a change on the form I-29 (If they did the error). This is not a big issues, please dont worry!
commented Jun 5, 2015 by Maher
How long is this response review activity? Mine is under review since 9th July.
commented Jun 5, 2015 by Dan
I don't see any issues if all documents were submitted, it should be approved. Good luck!
commented Jun 5, 2015 by Dan
Are you a resident of canada?

People often apply at Canada, but US consulate in canada may ask you to apply at home country, since they can not validate your Indian credentials.
commented Jun 5, 2015 by Dan
About 60 days under regular processing.
commented Jun 5, 2015 by Uday Kumar
I'm not resident of Canada. I'm on Work permit and living in Canada from 6 months.  So  i thought of to attend the interview from Canada. Any suggestions on this ?
commented Jun 5, 2015 by Maher
Yesterday i got my approval. thanks
commented Jun 5, 2015 by Jignesh
Hello Sir,

My H1b petition has been approved, but I came to know that my first name is different in petition than passport. My attorney has filed an amendment for name correction. How long does it take for this correction and sending approval notice again with correction?
commented Jun 6, 2015 by Raj
Hi Dan,

Thanks for all your help! We submitted my RFE document last week and it reached to USCIS on 8/19. I was checking my Case Status and on Tuesday 8/26 it has moved from RFE to Initial Review. Could you please suggest how long does it takes them to provide decision. Mine is Premium processing.
One more note: I am leaving the client ABCD and tomorrow is my last day. I will be starting with a new client and a different client location from next week 9/2. Will this impact my H1 status as I will not be with this ABCD client. I will for sure update my LCA with the new client location once i get the decision on my case.





Please advise and thanks again!
commented Jun 6, 2015 by Dan
It takes 15 days under premium processing, you better ask your H1B Employer to file an amendment of LCA/H1B for the new client location.
commented Jun 6, 2015 by Raj
Hi Dan,

We just received a denial notice on my H1 extension today. The denial basically states not having Client letter or any other kind of letter from ABCD client. My current H1 is valid until sep 30, 2014. I have changed my client and have started working at new client site. Will my employer be able to refile for extension using the new client address? Please advise what should i do?

Thanks,
Raj
commented Jun 6, 2015 by Dan
Yes, your Employer must file a new LCA and file a new H1B extension immediately.
commented Jun 6, 2015 by Maher
Hi,

My interview is expected in Kuala Lumpur but I am not a Malaysian citizen. I still need to schedule the appointment.I have following questions before i schedule it:
1. We are 5 in total. Me, my wife and three kids( 6 years, 4 years & 11 months). Should i take one appointment for all of us?
2. How many DS-160 i need to fill?
3. How many times i need to pay the appointment fee?
4. Do you think no. of dependents might affect during interview?
5. If the one appointment can I ask for translator for my wife as she cant speak English?
6. What request documents should i take for me and my dependents?

Thanks,

Thanks,
commented Jun 6, 2015 by Raj
Hi Dan,

Thanks for your help!
 I have requested my employer to refile LCA with the new client location info and i am hoping they have already filed the LCA today. Have you seen any H1B extension getting approved in such scenario like mine. I am so worried.

Dan- Also like to ask you a question on what would be ideal to do i have two options either refile LCA with the same employer or transfer my H1 to another employer. I am not sure what would be the right decision. Please advise!

Thanks in advance for your suggestions.

Thanks,
Raj
I will keep on posting the status and i hope this gets approved.
commented Jun 6, 2015 by Benet
Hi, I applied for 2015 H1B and get an RFE on Education (I have a non-US undergraduate) degree.

My attorney found an evaluation agency to do an evaluation of my degree but the agency messed up my gender. They are using Ms. and Her instead of Mr. and His all over the evaluation and submit it to USCIS.

Is this a very serious error and what can I do now? Thank you!
commented Jun 6, 2015 by Dan
Try to get that fixed, but Ms. and Mr. gender will not have any impacts, USCIS will look into the equivalency, not your gender.
commented Jun 6, 2015 by Pramod
Hi,

I live in India and a company has filed H1B for me. And I got RFE on that so after RFE is done, will I directly receive the confirmation or denial?

And then do I need to visit the embassy for Interview or not?

Pramod
commented Jun 6, 2015 by Aks
Hi All,

My VISA is pending response for RFE with the following details. The VISA was filed under regular processing.

The RFE is for Employee-Employer Relationship, Right to Control and the Agreement between the client and my company.

Dates that I know
Petition Filed on : 01-Apr-2014
Lottery Selection Mail Recieved from My company VISA dept : 09-May-2014
RFE Mail recieved from My company VISA dept : 06-Jun-2014
Last Date to Respond to RFE at USCIS : 22-Jul-2014
RFE Responded by my company VISA Dept to Attorney on : 08-Jul-2014

Haven
commented Jun 6, 2015 by Dan
Your H1B Employer/Attorney will receive the decision on your case. If the H1B is approved, you will apply for a visa at a US Consulate after receiving necessary documents from your H1B Employer.
commented Jun 6, 2015 by Dan
If a response to the RFE has been sent it takes up to 60 days. The only way to track the status is by obtaining the receipt number from your H1B employer.
commented Jun 8, 2015 by Hi...My H1B RFE response is sent on Augu
Hi Dan,

My H1B RFE Response is sent back on Aug 8 and from then the application status has been 'RFE Review'. Its been more than 2 months and i havent heard any update back. Most probably how long does it take for RFE Review and hear the decision from California Service Center this year?. What is the timeframe its taken this year?.
commented Jun 8, 2015 by Dan
Thanks!
commented Jun 8, 2015 by Sheila Danzig
This is an outstanding presentation of everyone you need to know about the H1B.
commented Jun 8, 2015 by Monica Michael
Your H1B Employer/Attorney should call USCIS immediately and notify them that the case is outside the processing timeline of 60 days, please also note that this is USUAL.
commented Jun 8, 2015 by Dan
I am assuming you have received something like this one (see link, I will post an Article soon) [url="http://www.h1bsupport.com/blog/h1b-employer-employee-relationship-rfe-from-csc"]H1B Employer-Employee Relationship RFE from CSC[/url]
commented Jun 8, 2015 by Sowji
So I just recieved the Employer-Employee RFE on Friday. But my employer had already submitted upto 5 docs that describe our relationship in a detailed manner as well as the requirement's details along with an offer letter and everything that's being asked for. I'm stumped as to why we've been given this RFE. The thing is he's applying for my H1b while I'm India (its a re-initiation process) could that be why they're asking for more proof? He's also provided the Work Order and Client's requirement on their website, yet they ask for the same work order or SOW and letters from Client (we've heard from the prime vendor that the client is not used to providing any letters, hence the work order).

So how should we go about answering this one?
commented Jun 8, 2015 by Dan
It is very rare that the package can be lost in the mail as USCIS sent them using "priority mail" service. If the H1B was picked in the lottery, USCIS would have cashed the check (Fee) that was sent along with the petition, which is the easiest way for Employers to track if something was lost in the mail. Ask employer to check the bank account. I guess you should apply next year.
commented Jun 8, 2015 by Shikha
My employer still has not received my return package back. Can return packages be lost in mail?
commented Jun 8, 2015 by Dan
Thanks for the kind words. I am working on an Article where even others have requested information on how to answer Project description and Client letter RFES. However, if possible can you post exact RFE content, so I can be specific?
commented Jun 8, 2015 by Brahmananda Reddy T
Good Article. Really helpful to know the process at each step. Also it would be good if you can share the information about the RFE case where they requested for Project Description.  My consultant company said they got RFE on my case to share the Project Description.
commented Jun 8, 2015 by Shikha
Cheque has also not been encashed. My employer is constantly checking the bank account.
commented Jun 8, 2015 by Dan
There is no hope now! I am sorry.
commented Jun 8, 2015 by Dan
I will be posting an Article by tomorrow.
commented Jun 9, 2015 by Dan
1. If it's a regular processing case, it takes 7-10 days to receive the RFE in mail. IF it's Premium Processing, employer/attorney recevies a fax within 24 hours.

2. USCIS allows anywhere between 60-90 days to send a response to the RFE, USCIS provides a deadline on the RFE notice

3. You may transfer to another employer as long as you have a valid I-94 (From previous H1B) otherwise, present pending H1B acts as a bridge and must be approved in order to maintain status (no gaps)
commented Jun 9, 2015 by Sundaram
I got an RFE for H1b transfer, 1. Let me know how many days it will take to received the physical copy\ mail from Uscis.
2. Within how many days the attorney should reply to RFE.
3. Can I do multiple transfer do different company, eg. requesting to Company C for Transfer, while i got a RFE for the H1b transfer for Company A to Company B.

Chicago
commented Jun 9, 2015 by Naveen
Hi,

My H1B has been picked up in lottery for 2016,but I have bachelor of Degree in Mechanical but working in IT more than 5 years,Please let me will it cause any problem in processing my H1B?? will it go in RFE status.Please advise.

Regards,
Naveen S
commented Jun 9, 2015 by Y Prasad
Hi,

My case is picked up in H1B 2016 lottery and I received the receipt number. I have registered with USCIS with the case number and the case status is showing as "[b]On April 13, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WACxxxxxxxxx6, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by May 13, 2015, please call Customer Service at 1-800-375-5283. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.[/b]" I have checked with USCIS for processing times and it says for California service centre, the processing time for H1B is 2 months. But even after 2 months I haven't received the approval notice. Do I need to more time?
commented Jun 9, 2015 by Viswa
Yes, most likely. USCIS must determine that you qualify for the job and you have related degree and/or experience.
commented Jun 9, 2015 by Naveen
My Visa has been approved on June 9th....:):):):)

Thanks.
commented Jun 9, 2015 by A
Mine is also the same condition. Can anyone please suggest on this?
commented Jun 9, 2015 by Dan
1) What can be done in this case to respond RFE? .

[b]Provide weekly reports, emails while you are at the client and explain that it's client policy of not issuing letters[/b]

2) Is client letter is mandatory?

[b]Please note the recent FAQs published by the USCIS, a letter may not be required from the end client if petitioner can demonstrate the Employer-Employee relationship
commented Jun 9, 2015 by Patil5199
Hello Experts,
I received RFE on newly filed H-1B Visa for employee employer relationship. Our project is going to end in Nov15 and have no clue if client provides letter to me.
1) What can be done in this case to respond RFE?
2) Is client letter is mandatory?
3) Can I provide the all the details of new client?
Your response is highly appreciated.
commented Jun 9, 2015 by Dan
Patil,

I have created a Thread under QA Forum, lets discuss there. http://h1bsupport.com/q-a-forum/rfe-on-newly-filed-h-1b-visa-for-employee-employer-relationship
commented Jun 9, 2015 by Patil5199
Thanks Dan for your quick reply. Its helpful for me. I ave further doubts from your reply:
1) Our project is ending in Nov15 and we dont have renewed SOW yet. Is it Ok to provide the existng SOW having validity till Nov15? As requested validity of H1B period is June2018.
2) Your answer for my previous question was: [u][i]instead initiate an H1B amendment for the new location while this is pending[/i][/u]
My question is: Is it possibe to ammed H1B new petition visa whn its at RFE stage? What process need to follow to amnend?

Thanks
again for your valuable support.
commented Jun 9, 2015 by Sagar
Hi ,
 I have a valid  H1B Visa valid till Oct 7, 2015. I have applied for a H1B Amendment for a new Employer along with Extension. LCA is filed with DOL on 20th Jul , 2015. Once I receive a certified LCA , they will be filing an Amendment in the normal Mode. How long will take to receive a Reciept Number in normal Processing ? Can I Travel to US just with Receipt Number ?

Thanks in advance .
commented Jun 9, 2015 by Dan
They must explain job duties in detail and complexity of the job duties, I also suggest that you submit an expert opinion letter from a University Professor. You would need a position evaluation, please let me know if you are able to send the RFE, I will send you a write-up. Please provide email address.
commented Jun 9, 2015 by Sheila Danzig
If you want to send me a copy of the RFE along with all of your education documents and a current resume I will review it and advise you as best I can as an education evaluator.  Usually speciality occupation situations are handled by the attorney and the employer and if needed, an expert in the field can help.

Sheila Danzig
Executive Director TheDegreePeople.com
Specializing in RFEs Denials and Difficult Cases
Free analysis at www.cciFree.com/
commented Jun 9, 2015 by Anonymous
I got an rfe saying why bachelor's degree is required for jr software developer whereas others only require associate degree. My company applied for me in advanced degree. So what documents do my company needs to send to convince them that that position needs at least bachelor's degree? Is this common rfe? Any idea?
commented Jun 9, 2015 by Dan
It takes a week to get the receipt, you can travel with old valid H1B to the USA while the H1B amendment is pending.
commented Jun 9, 2015 by Guest
Have 8.5 years as a software enginner and my education is not relavant to Software. I have Bsc and MSc with out computers. What about my case for RFE in Special;ity in Education.
commented Jun 9, 2015 by Jayant
Hi Dan,

I recently switched to a different company on receipt number. My Visa transfer application( Premium Processing) met with RFE. My Visa and i94 is expiring on 30th Sept.

- Can i still work beyond 30th Sept 2015?
- How much Time will it take for USCIS to send the RFE notice to my employer?

i am just trying to understand, Maximum, How much time will it take to get my Visa transfer approved once the Document is sent back to USCIS.

Please let me know.
Thanks in Advance..!!
commented Jun 9, 2015 by Dan
Employer receives RFE instantly if they provided a fax number on premium processing form i907. After your employer sends a response to the RFE, USCIS  will adjudicate the case in 15 days, you may continue to work beyond  Sep 30 if the case is still pending.  However,  you should  ask employer to respond immediately  as you will still have options if the case is denied for any reason. If the case is denied after Sept 30, you will be out of status  and may have to leave the country.
commented Jun 9, 2015 by Sheila Danzig
If you want us to review any education situation for H1B or I140 feel free to go to http://www.ccifree.com/?CodeHrt/ and send us the documents requested. I will send you a complete analysis and all of your options.

Sheila Danzig
Executive Director CCI
www.TheDegreePeople.com/
1.800.771.4723
commented Jun 10, 2015 by Sheila Danzig
I see this sort of RFE a great deal this year.  CIS has been demanding that the education match the job offer very closely.
However with work in the job offer area we can combine work experience with education.

USCIS has stated:
commented Jun 10, 2015 by ravi r
Hi, I got request for initial evidence and USCIS is asking "how my bachelor degree is related to the position software developer". I have diploma in automobile engineering and Bachelors in production engineering whereas I have around 9 + years of IT industrial experience. What would be your recommendation and how to respond to this RFE. I have certifications in software testing(ISTQB - basic & intermediate), (QTP)tools that I use and (PAHM) Professional domain related certifications. Can you Please provide your suggestion.
commented Jun 10, 2015 by abhi83
Hi Dan,

I have received an RFE on Education and Experience.
As per employer,  "We have received your RFE and USCIS is asking to prove that your education qualifies you to fulfill the job duties. They have raised this question since you have a B Tech Electronics and Communication degree  and this is not related to Software development/IT work"

I have been working in Software /IT filed for 9.5 years now.

Also I have done "PG Diploma In Embedded Systems and Design (DESD)" from CDAC Chennai , 5months course.
I did not mention same while submitting docs, can i show it now ?
Please advice
commented Jun 10, 2015 by Sheila Danzig
I can't say for sure without seeing the RFE, the education documents and a current resume but, in general, the easiest way around this is to add work experience as a software developer to your education - clearly following CIS regulations - to show a degree in software developing. CIS allows for this as long as it is done by a professor who is authorized to issue college credit for work experience. Some evaluation agencies offer that. If you like I would be happy to review this case and advise you of your options.  There is no charge for the review and it is open to all readers of the H1bsupport Blog.

Simple go to http://www.ccifree.com/?CodeHire/and fill out the very short form. Then follow the directions for sending the documents. We only need copies of your education, a current accurate resume, the RFE and the title of the job offer.

Sheila Danzig
commented Jun 10, 2015 by Dan
Yes. As detailed by Sheila Danzig, get an evaluation with work experience, which will be equivalent to a degree in Computer Science.
commented Jun 10, 2015 by Priyanka
Hi,

My academic qualifications are B.Com, MBA Finance, Chartered Accountancy (India) and Certified Public Accountant (USA). I have a work experience of about 5 years in software and audit (India). I also have PG Diploma in computer applications but as I could not get the PG Diploma certificate before the H1 application deadline (April 5, 2015), I could not include the qualification in the resume I submitted. My employer has applied a H1 offering me the position of 'Programmer Analyst'. An RFE was issued on my case asking for additional evidence due to unrelated field.
The RFE mentions
commented Jun 10, 2015 by Sheila Danzig
The most common job title for this year that gets an RFE IS computer systems analyst.  CIS is saying that most education does not match. I would need to see the documents and determine if the PGD is properly accredited and what it is in as well as your work experience.  We have had them approved with the correct evaluation.  

You can go to www.cciFree.com and fill out the form. Follow the directions for sending the documents including the RFE, a current accurate resume and copies of all education documents.  We will get back to you within 24 hours with your options.

Sheila Danzig EdD
Executive Director CCI
Www.ccifeee.com
18007714723
Specializing in Difficult Cases and RFEs
commented Jun 10, 2015 by Sheila Danzig
CIS does not accept a 3 year degree as equivalent to a US Bachelor Degree. In addition your education is in commerce which is not related to the job offer.  This is easily resolved if you have work in the field.
You would need an evaluation that combines your education with your work experience. Chances are it will meet the Visa requirement, but I cannot say for certain without seeing your education documents and a current accurate resume.  
Please send me copies of your education documents and a current accurate resume.  
Send an email with your name in the subject.  Say that you saw this on the H1B Support board so I can reference this.
State the job title in the body of the email as well and that you do not have access to the RFE but you need an evaluation.
Attached all of the documents and send it to predocs@cci123.com/
We will get back to you within 24 hours with all of your options and a full analysis.

commented Jun 10, 2015 by Kumar
Hi,

I have done my Graduation in Commerce (3years) in india, and have the 7+ years of experience as System Administrator.

My H1b is approved in Feb,2015 from company A, and I never traveled to USA.

Now I have got an offer from Company B, they have applied for H1b transfer using Premium Processing.

I came to know that USCIS has issued an RFE asking for Education Evalution.

In this condition how should I proceed and is there any chance of deniel ?

Someone please respond to this...

Thank You
commented Jun 10, 2015 by Hitesh Malik
Hi ,

I had filed H1B this year through my employer but got an RFE .I have submitted all the documents along with end client letter. The problem is that the end client letter has an end date 3 months from now and the client is not ready to change that date . SOW has no end date but the project has been running from past 5 years. Will 3 months dated end client letter be enough to get the RFE cleared.

Thanks Hitesh
commented Jun 10, 2015 by tara
If you are in US where we can check if h1b is approved with COS or not?
commented Jun 10, 2015 by abc
Good post thanks for sharing.
commented Jun 10, 2015 by TA
Hi ,
I got RFE last month asking for 3 years itenary .My employer replied 15 days back and I have checked through tracking number that they have recieved the package but the status is still same "Request for documents is mailed". How much time it will take to go to next step? is it feasible to convert nomarl processing to premium at this point of time?
commented Jun 10, 2015 by Dan
It takes upto 4 Months, its better to upgrade to premium processing!
commented Mar 23, 2016 by Sriram
I am on H1-B visa here in US now,
My I-94 got expired in Oct -2015
Applied for an extension in July 2015 before my I-94 end date, but got an RFE in Feb -2016. For which we have replied back with docs at the in March -2016 (before 90 day period) and it is in 'response review' state now.

My assignment is getting over by end of March 2016 and my employer is trying their best to place me in different assignment.

If my employer is not able to place me in any new assignment, I have to travel back to India.
While this is the situation If I travel back to India as my employer is not ready to upgrade it to PP for a faster decision and I have the following questions in my mind

 1. Can I travel back to India?
 2. If it is yes, what happens to my extension which is in review state now?
commented May 9, 2016 by Kum
Hi,

I have a Master's degree in Electrical Engineering from a US University, a Bachelor's in Electronics & Communication and 3 years of work experience in IT from India. Currently, I work as a Technical Analyst for a Bank. Could you please let me know if there are any possibilities of H1B RFE regarding education related to nature of work?

Thanks in advance.
replied May 24, 2016 by Sheila Danzig, Executive Director, TheDe
You have many options.  You would qualify to work electrical engineering or electronics and communications or IT. Once you have a job offer we can be clearer as to how to handle the education and work experience.
commented Sep 25, 2016 by anonymous
My husband got RFE status asking that his qualification is btech ece .How this suits your IT job
commented Nov 16, 2017 by Imran Beig
Hi, My H1B got selected this year and I got RFE.  My employer filed my RFE response on 11july2017. But still I haven't got response on my RFE, please let me know how to proceed further on this.
commented Nov 20, 2017 by anonymous

My h1b tranfer is in process. I got rfe and content is – Additional internal information regarding the position and external support documentation. Lawyer said we need expert advice on this and it may take – 4 to 5 weeks to get their advice. How critical is this case? Can USCIS deny my case?

commented Jan 16 by Jane

H1B Request for evidence is made when the USCIS (U.S Citizenship and Immigration services) request additional evidence from an applicant, who applied for an H1B visa petition in the U.S. USCIS routinely accepts Expert Opinion Letter from a professor or a credible person in the field to respond to your Request for Evidence (RFE) on H1B petitions. Expert Opinion Letter Services by Saygist.com is only $399, delivered within 3-5 days.

https://www.saygist.com/rfe-solutions-expert-opinion-letter/

commented Apr 12 by anonymous
commented Apr 23 by hireitpeople (888 points)
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commented Jun 4 by abhishek
I have been picked in 2018 H1B lottery, i got to know from my employer that my petition is under procees with USCIS for decision, since i have 4+ years of exp in IT domain and i took 6 year's to complete my bachelor degree instead of 4 year's will that affect my chances of getting approved in any way.
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