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H1b Extension Rfe Complicated 7 Pages Long

Discussion in 'Nonimmigrant Visa Applications' started by NeverEndingWait, May 31, 2015.

  1. NeverEndingWait

    NeverEndingWait Junior Member

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    Hi Ron,

    My current I-94 and H1B is valid until Sept 15th 2015. By 09/15/2015 I will complete 9 years on my H1B. I have valid I-140 approval with my current employer.

    My employer filed for extension in premium processing and we got a very long & complicated RFE.

    Below is the content of RFE:
    ________________________________________________________
    1. Incorrect basis of classification: USCIS claims that there are materialistic changes in my case. However in the past both my employer and attorney did not encourage us to file H1B amendment if the end client is in same metropolitan area (MSA) with same job duties.

    2. Specialty Occupation: USCIS says that job duties mentioned in the client letter are not matching "Occupation Outlook Handbook".

    3. Evidence of Specialty Occupation Work for the duration of Requested Validity Period: H1B extension application requested for extension for a period of 3 years, but my client letter says that "project is scheduled to end on Oct 14th 2015, but may be extended beyond this date". So USCIS wants more proof that the project is long term.

    4. Proof of employee employer relationship : Proof that beneficiary has maintained legal status.
    ________________________________________________________

    My end client is fortune 10 financial client and they do not provide any other documentation (or supporting letter), other than the lame/useless client letter that we already submitted to USCIS.

    Now I feel I am in soup now. My current employer and attorney also thinks that this is complicated but resolvable. But I do not have confidence in them.

    Considering my options now:

    I was approached by couple of other employers (I have very good professional relations with them) to offer employment and are willing to do a new H1b Transfer before my current I-94 expires.

    Do you suggest that I initiate a new H1B transfer while my current employer works on replying the current RFE??

    Any suggestion is much appreciated.

    Thanks....
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to discuss this with the attorney representing you. I'm not permitted to comment.
     
  3. NeverEndingWait

    NeverEndingWait Junior Member

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    Hi Ron,

    Thanks for the reply. As you suggested I will discuss this with my attorney.

    My final questions is "If I initiate new H1B transfer with a new employer is there a potential of USCIS asking me why I did not do H1B amendment in the past even though I am residing in same metropolitan area with no change in job duties?"

    Thanks for your time.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, that is a definite possibility.
     

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