Home » US Immigration - Visas » H1B Visa » Common H1B RFE Reasons? – Employer Employee Relationship, Qualifications, Status

Common H1B RFE Reasons? – Employer Employee Relationship, Qualifications, Status

As you know, H1B Visa Request for Evidence (RFE) can be very frustrating from everyone perspective as you would need to submit the info and wait for USCIS. It can be very tense moments for employer as well as employee.  This article focuses on the most common RFE reasons (part 2).

Most Common H1B RFE (Request for Evidence) reasons.

As mentioned in first article, below are the six common RFE requests that are given by USCIS.

  1. Validation Instrument for Business Enterprises (VIBE)
  2. Specialty Occupation
  3. Needs of the Petitioner for the Services of the Beneficiary
  4. Beneficiary Qualifications
  5. Employer-Employee Relationship
  6. Maintenance of Status

You should read the first part of this article H1B RFE Reasons? – VIBE, Specialty Occupation, Petitioner Needs, to get information on first three.  This is a continuation of the other article covering the rest.

H1B Petition – Beneficiary Qualifications ?

Not only must the H1B visa related position itself be one that requires at least a bachelor’s degree in a specific field, but the sponsored worker must also possess the required bachelor’s degree. Sometimes, an individual’s education may not be in the exact field, but in a related field instead. Some RFEs may request an explanation and documentation of how the degree is related to the position. Or, where the sponsored worker lacks a U.S. bachelor’s degree, he or she must document that a foreign degree is equivalent to a U.S. bachelor’s degree.

An RFE may request that an education evaluation be submitted, or if an evaluation was submitted, there may be a request for proof that the evaluation was prepared by an official who has authority to grant college-level credit at an accredited college or university with training and/or work experience in the profession. Also, a combination of education and experience may sometimes be used to document the beneficiary’s qualification. USCIS allows three years of professional experience to substitute for each year of college-level training. The adjudicating officer must decide whether the quality of experience is at high enough level to qualify as “professional.” Experience is generally documented through letters from past employers and an RFE may be issued if the experience letters used for the evaluation lack specificity.

Employer-Employee Relationship – Any violation?

Typically in situations where the sponsored worker will work off-site, USCIS will look at a number of factors to determine whether a valid employer-employee relationship exists. In considering whether or not there is a valid “employer-employee relationship” for purposes of H-1B petition adjudication, USCIS must determine if the employer has a sufficient level of control over the employee.

The petitioner may be requested to submit documentation to establish that it has the right to control over when, where, and how the beneficiary performs the job. This issue often arises with businesses in the consulting or staffing industries. In addition to documenting right to control, an employer in the consulting/staffing field must also provide project-related documents to confirm that specialty occupation work is available at the off-site location (usually a client company).

Maintenance of Status – No violation of Status ?

Any time an H-1B petition requests an extension of status or change of status, the sponsored worker must document that he or she has properly maintained the current status. Read H1B Visa vs. Status in USA. For an H-1B extension, this would typically include pay statements. For students in F-1 status, more documentation is often requested in an RFE regarding coursework, OPT or CPT employment, class attendance and the like.

In my experience, approximately 90% of H-1B RFEs will relate to one or more of the six issues described above. It is always helpful to be aware of these issues prior to filing as satisfactory documentation can often be submitted with the petition in order to avoid an RFE.

Did you had a different RFE ?  How was it addressed ? Share your thoughts ?

Thanks to Emily for writing the guest article for us. Please reach out to using her using her contact info on her blog listed below for any immigration issue, she is a highly qualified immigration attorney and can help you with your case !

————————————-About the Author————————————–

Emily Neumann practices business immigration law and is a partner in Reddy & Neumann, P.C. in Houston, TX. Neumann writes a blog on immigration law (immigrationgirl.com) and shares updates on Twitter (@immigrationgirl) and her Facebook page to help her clients stay informed of the latest news.


Other Articles


  1. Hi my name is Melvin,I am a Hotelier, completed my graduation program on Media Communication,and Business Administration at University Of California Irvine,at this time looking for a job with H1b visa, looking forward to here from you soon.
    Thank You

  2. Hi Kumar

    I got rfe and our office Visa team informed that we have to submit detail by 26 july. as per the my application status it is saying If you do not receive your request for additional evidence by June 26, 2019 . So does this 26july is having 3 days grace period or it is including .

    I think it will take 2-3 days extra time to reach required docs at uscis.

    Please suggest

    • Well, you need to adhere to USCIS timelines. Check with your visa team, what is the actual date of RFE and how long did they give in RFE. Usually, the RFE will give the date…Usually you get around 60 to 90 days or at least 30 days, cannot be that much of rush….

  3. Hi Kumar,

    I got a h1b rfe regarding that I am not maintaining my current status properly:
    Q1: as per my attorney comments, when I submit my stem opt training planning form i haven’t mentioned about my end client address, I submitted my employer address, when I filed h1b in my LCA I have provided my client address that is causing uscis confuse and make to ask this question, how can I correct it now??

    Q2: In my stem opt my i20 was with X company and my paystubs with Y company, nothing was run under X company in my stem for few months,here X and Y used to be sister companies, I am thinking that also may be the reason to ask this question in how I can I answer now to USCIS even though I am not unemployed, how can I prove it, please answer me asap,

    • 1. Well, I am not sure how to address it, work with your attorney, they would have better solution.
      2. It could be. What you can do is convey the same in the RFE saying that X and Y are sister companies. You may need to work with your legal and communication department to get contracts or documents that prove that X and Y are related. Again, talk to your attorney on the best way to articulate this, so that they get a full sense of the situation.

  4. Hello Folks,

    I filed my H1-B through my employer this year and received an RFE requesting “a detailed explanation and evidence why the beneficiary is working at a different location than the STEM employer’s place of business. Also discuss how the STEM employer is providing the appropriate STEM training to the beneficiary when the beneficiary is not working at the STEM employer’s location.” The law firm that is dealing my case has no clue on how to respond to this RFE which is based off of USCIS’s new interpretation of 2016 STEM OPT rule for F1 students. This RFE is entirely new to them. People who received similar RFE please gather here to discuss your thoughts and resolutions for this RFE.

  5. Hello,
    I have received RFIF instead of RFE in premium processing while applying H1b extension. Is there any difference between them? It is written Request for Initial Evidence Was Mailed”. Thanks

    • It is pretty much the same, usually the employer should submit all the require initial evidence and it seems something was missing…

      • Hello Kumar,

        I am currently on OPT with an approved Cap Gap extension. My current employer has filed for H1B and the application got picked up in the lottery. However, my employer is transferring me to another city because they terminated the contract with my current worksite, My H1B is not yet approved, If i get an RFE for an any reason can my H1B declined because of the transfer? Can we file an amendment of change in worksite while the application is ongoing?

  6. My h1 b visa was picked in lottery last year. i have approved petition for X Client. But after that my h1 b offshore amendment(Y client) was filed 2 month back for which i received RFE today. My visa stamping is planned on June month. I have few questions with my current situations:-

    1.My First petition (X Client) is still valid after receiving RFE on latest filled petition?
    2.Will i am eligible to go for Visa stamping with current petition as RFE. If yes ,than is there any negative impact on stamping.
    3. Let say in future if received Danial on current petition what are next steps for me to go to USA.Do i need to file fresh petition ?if yes, is there any cooling period for same

    • 1. Well, if you work for Client X, then you may use it for stamping…
      2. You should get it fixed and go after approval. Visa officer would ask for which client do you work for and may ask for proof, and sometimes they will do background check by giving 221g as well….so, if you do not have any documents or info that is not valid, you may get denial.
      3. Well, this is kind of grey area…in past, USCIS was mostly treating cases approved as cap exempt…now, they are asking that you need to have H1B Status for being cap exempt…again, some had success, some did not. So, grey area.

  7. Hi Sir,

    Please help me, I got RFE for my I 140 for name diffrence.

    1. My bachlelor’s degree is from indian university and they added Km in my name which is title as Miss. They wrote my name as Shivani Km in my transcripts and degree while my name is shivani and I never noticed it as it was title. How can I prove that this name is used for me?

    2. My master degree is correct anme which i had before marrige. that is Shivani

    3. My current passport has sirname which i got from my husband after marrige.

    Please help How Can I prove , all names are used for me?


    • Shivani,
      One of the things you can do is to get it notarized from Indian Government official saying that Km title in your records means Miss and submit that. Also, you can see, the possibility of changing the transcripts as per the name on passport / marriage. I suggest you discuss with your attorney and take necessary steps.

  8. Thanks for the amazing work you are doing. Recently, I got an RFE and my employer will tell me what is needed from my side.
    My question is, could passport validity be the reason behind RFE? When I had filed the extension , my passport was valid for 10 months. I got my passport renewed few months after filing the extension. It is now valid for 5 months.
    Please guide.

    Thank you.

    • Well, they may give it, hard to say…we can speculate, but you need to wait for the RFE document from USCIS to understand the reason.

  9. Can I do f-1 reinstatement while I am waiting for my h1b as I am worried about unlawful presence?

    During my OPT my company filed for my h1b and did not get any update from USCIS till 30 September so I had to stop working ( my cap gap extension ended). on 15 October my lawyer was notified of RFE. My SEVIS was completed by my DSO on 30 November and my company is yet to send RFE response (which they say they will send soon now). I am worried about the unlawful presence as my 60 days grace period are completed and have tried asking my DSO but she is not sure of consequences of reinstatement of f-1 at this stage. What do I do?”

    I have been offered reinstatement by a University but have not enrolled yet because I am not sure of the consequences of reinstatement of F-1 visa while my h1b is still pending. Can you please give me any advice as I am out of status since 1st December And h 1b is pending?

    • I am not sure how F1 re-instatement would come into picture here…Usually, F1 re-instatement is done when you lose your status for situations like dropping more classes, I20 transfer issues with SEVIS, etc. I would suggest you speak to your DSO, attorney and then take action accordingly as it is a tricky situation.

      • I am worried about my legal status/lawful presence because there is no premium processing for h1b and my 60 days grace period post cap gap extension (which ended on 30 September) is over and my company is yet to reply the RFE for h1b..DSO is unsure if reinstatement should be done or no

  10. Entered the US in H1, but didn’t work at all due to personal reasons. Applied for COS to H4 after 6 months that slipped my mind amidst all chaos unfortunately. Also attached a letter explaining why not reported to work. One month after applying for COS traveled out of the US which rendered COS application to H4 abandoned. Returned with a previously stamped H4 visa. Now planning on applying COS to H1.

    What are the implications in filing COS to H1? What is the extra care to be taken while filing COS to H1? I know attorney would deal with it; here for an opinion.

    • You maybe asked regarding your H1B stay and why you were not in status…hard to tell as you left and came back, but maybe. I suggest you work with your attorney and share all the real details and make sure it is taken care by them during petition filing.

  11. Hi,
    My employer filed an I-129 petition for a H1B visa on my behalf. They requested a change of status, since I was in the US at that moment under an F-1 (opt) visa that expired on September 30, 2018. I had to leave the US for personal reasons. My employer just told me they received an RFE request for evidence stating the following:
    “Change of status request where the beneficiary departed the United States: You requested that USCIS change the beneficary’s status. To qualify for a change of status, the beneficiary must be present in the United States. Here, USCIS records show that the beneficiary departed the United States on October 4, 2018. Accordingly, the beneficiary is ineligible for a change of status. Please provide an explanation and evidence regarding whether the beneficiary was present in the United States or stayed abroad.
    If the beneficiary is not currently in a nonimmigrant status the request for a change of nonimmigrant status may not be approved and the petition (if approved) will be forwarded abroad. Therefore, identify a United States consulate or embassy abroad for visa notifications.”
    I am confused on the information they are resquesting. I understand I left the United States and won’t be eligible for a change of status anymore, but does that mean I can still get the H1B visa approved if I apply for it in my country’s embassy? How does that process work? And what information or documents should I send in response to this RFE?
    Thank you!

    • Samantha,
      Nothing to worry, it is just that USCIS needs information regarding you and the consulate for processing. Check I-129 form , on page 3, there is part 4 processing information, where they need your address abroad and consulate information, that could be the reason for that. Your attorney would take care of that and they know what to provide, you need to share your info and the consulate, where you would plan to attend interview.

    • Samantha, how long did it take for your case to be approved after you responded to this RFE?

      I just got this as my 2nd RFE (2+ months after responding to my first RFE) — hoping for a faster turnaround this time.

  12. Hi Kumar,

    Plase suggest me, My brothers H1B visa extension with Transfer got denied on 10 July 2018 (Reason: Speciality Occupation) and his I94 expired on 2nd June 2018, Again his employer applied for his extension with transfer for the same client in premium he got an RFE again and he is in US only as he is above to sell his car and other things …. Plz could you suggest what type of RFE he will get.


    • We cannot really speculate on RFE as it all depends on the presented evidence and the job tied to that. You will have to wait for the employer to share the same.

  13. Hi friends , I have received an RFE for my H1B extension and the requested dates as per the earlier petition is until dec 2020 . But my client contract is valid until dec 2018 and have a client stating that contract extension possibilities until dec 2019 is high since contract are reviewed on time to time basis for extension . My employer has asked me to provide dates as per the petition even in the absence of a sow or msa with those dates .what is the best way possible .Please suggest

  14. I recently transferred to the current company and took a lead role well paid with benefits. I started working on receipt and now I just received my RFE during transfer for two reasons
    1) Specialty Occupation
    2) Employee-Employer relationship

    I got a Masters and everyone feels bad about my situation at work. I kind of lost hope and keep thinking about, is it worth it?
    The amount of documents they ask makes me feel dizzy and quit fighting. I’m not going to push my employer/attorney to prove anything. I’m just going to prepare for my departure in the next couple of months. It’s more like they’re trying to approve a criminal and I don’t even have a parking violation ticket.

    • ram,
      It can be very frustrating at times with the new updated rules. It is your employer’s and their attorney’s responsibility to get that RFE answered. If they really want you to work for them, they should take care of it. If your case is genuine, you have nothing to worry, I believe you should give it a try… It can be emotional, but that’s how politics and systems work…take time to think and make an informed decision.

    • I am in the same boat as you. Transferred to current company on H1b Receipt and got an RFE. We are still awaiting the reason of RFE from USCIS. I’ll update as and when I get more information.

      How did it go with your case, ram?

  15. Hello,

    I had already received my H1b last year and was done with my stamping last year without any issues. Recently my company changed their location and hence to update that information, my company sent out the information to USCIS and apparently I received an RFE for that.

    Is it normal to get an RFE after stamping is successfully done just for the location update of the same company?

  16. Hi,
    I got an RFE on H1 b visa transfer.
    It says I have to link the courses I studied in my Bachelors with the work I am doing now. I did bachelors in Mechanical engineering and I am QA now. How can I connect the duties with the courses I learnt?
    How can I respond ? Please advice!!! Thanks

  17. The RFE seems like impossible to provide. One of them is to provide all employees degree and transcript. How can anyone provide that? They would have to ask all employees to go back home and bring in the documents. Only if you are lucky, all of them have the documents in hand. But some may have lost it, some may have it back at their parents place which may be out of state, and if they are going to get it from their school, it may cost money and what if their school is out of the state or even country. It just sounds impossible to make them all fly cross country or the world just to get their documents. It seems that the RFE is just trying to reject H1B applicants without making them look bad.

  18. Hi,

    I got RFE on Oct 12th, mentioning beneficiary qualification. My BTech was in Applied Electronics and Instrumentation. I have been working as a Software Engineer for almost 6 years now. And for the past 3 and a half years I have been working for the same end client and project, which I have been leading. They are saying in the RFE that my degree is not related to the designation. They have also mentioned that I can show a combination of educational qualifications and work ex to establish my credentials. My end client badly wants me working in the US and they would give a strong letter of recommendation if needed, detailing why its necessary for them that my petition is approved. Will that help my case? Anything else in particular that I can do? My employer’s attorney would be preparing the response and most probably, but just wanted to know if there is anything that I can/should do. Thanks in advance.

  19. Hi,

    I got an RFE last month regarding specialty occupation. I have tried to put together most of the documents. The only thing I am having trouble is expert opinion letter. There are numerous companies online and I don’t know which one to trust. Also, tips and tactics while going ahead with the process?
    Please help!

  20. i got an rfe today. I need the final result (case approved hopefully) by Oct 1st. Is it even possible?
    i think it might take 1 week to just put the documents together and answer the questions…..
    is it possible for uscis to process the rfe within 2 weeks ?

    so scared 🙁

  21. Hi Kumar and Team,

    Thanks a lot for creating this wonderful forum and guiding thousands of people on Visa queries.
    Coming to my weird situation , my H1B is expiring on 30th Sep 2017 and my employer delayed my extension filing due to some pending documentation (i have multiple vendors between my employer and client).
    Its not yet field and my contract with client came to end suddenly to my shock.
    I’m searching for new project/job now.

    Questions: If i’m unable to find new client/project before my visa end date and employer is not able to file extension and I go back to India.
    Can I still come back to US on H1B work if i get new client ?
    How difficult it is ? will I be cap exempted ?
    Will there be any legal hazzles as i will be H1B out of status ?

    Thanks again for all your help.

  22. Hi All,

    I was told by my employer that I have been selected in this year’s lottery but they haven’t shared the petition number though.

    Now suddenly last week I got a mail stating that my petition has received RFE and we need to submit the following documents by 29th July :

    1. SoW
    2. Purchase Order ,Milestone plans, Invoice ( if applicable)
    3. Client Letter & BRM letter
    4. Latest promotion letter & US organizational chart.
    5. US supervisor details.

    I have all the documents with me, but instead of SOW, my employer has given me a Work Order which comprises of Everything.

    So my question is , Will it work fine or do I need to get SoW precisely ?

    My manager said Work order is same as SoW.

    What are your thoughts ?

    Looking forward to your quick response please.

    Thanks in advance.

  23. My new employer filed H1B transfer but he hasn’t replied to RFE, it’s over 2 months already.
    Is there anything that I can do ? There is something fishy about him, can I report to USCIS or anywhere.
    I am stuck with him and I cannot even find another employer to file a transfer for me because there is already an outstanding RFE against my H1B petion.
    Earlier, I read news that a man was not allowed to enter at port of entry because he has an outstanding RFE pending in a separate H1B transfer against his petition.
    Guys, please help.

    • Do you have a copy of RFE ? It usually has a deadline that your employer has to respond by. I am not sure about the news you read on how port of entry is tied to open RFE… I suggest you speak to an immigration attorney and get this sorted out and get clarity.

  24. does anyone know what does below document means if so is there a template online DETAILED ITINERARY OF SERVICES INCLUDING THE TECHNICAL SPECIFICATIONS OF THE TASKS TO BE COMPLETED

    • Hi,

      Detailed itinerary of service is the details of the work location including different client and different states in USA you worked. Generally this RFE generated when you change your working location(state to state) while maintaining a legal status. when you provide the work location with address you have worked over the past years, you may need to provide a supporting document which can be a MSA or client business award letter. it is always better to have a legal attorney to handle.

  25. i applied h1b visa in 2016 from a company it picked in lottery and now its is in RFE status. can you apply again a fresh h1b visa from other company this year 2017.

    if yes , will it be any issues or any thing.

    • Give me your phone no or email I will tell all process in detail. My email is ashokashok9661@gmail.com.
      Give me your number and email soon on my email

  26. Hi today on January 17th I havwill got the blue farm stating check box “your application requires additional administrative processing before a final decision can be made”. They didn’t ask me any document or any thing. what shall I do in this case? I have already informed to my petitioner on this.

  27. Hi Saurabh/Kumar,

    I got RFE on my application asking for Work Itinery and Professional evaluation for speciality occupation… Do I have to submit new client letter or existing client letter has to be describe it more details as first client letter has less information.

  28. Hi All,

    I had filed for Premium Processing of 2 amendments, one for a previous project while another one for my current project.Yesterday I got an RFE for my current project and today the amendment (which was under RFE) for my previous project was approved by USCIS.

    When I discussed with my organization, they reverted back mentioning that RFE has been raised wherein it has been asked to provide the approval/confirmation for the first amendment.

    My query is :

    1.Can my organization respond to the RFE with the confirmation email they received from USCIS?

    2.After the approval details are furnished , is there any chance of USCIS raising another RFE?

    Your feedback will be highly appreciated.


  29. Hi Saurabh ,

    I received RFE for my role of System admin . but the problem is that all my previous companies the designation is different although they have almost equal or same job responsibility . My present company calls it as Virtualization specialist and previous company role as technical lead and my first company as systems Engineer .

    2) Are there any best companies for getting evaluation of Education and work evaluation. ( just preferred or suggestions )

    RFE below –

    1. From all the listed companies on resume- need a letter on their letter head explaining the Job Duties and able to tell about your performance. As well 3 Payslips from all the companies, If any performance or salary appraisal letters.

    2. Education and work experience evaluation form any US based evaluation agency.

  30. Hi Saurabh,

    Can you please confirm , if it is mandatory to submit the “education evaluation doc ” prepared by some specific firm or simply submitting India educational docs suffice in H1b petition to get it approved.

    If yes, then can we assume that if only India educational docs are submitted then USCIS will issue RFE asking for “education evaluation doc” also.

    H1b RFE

    • H1b RFE,

      Your attorney is in a better position to gauge this. Typically when one has done education from non-US colleges, attorneys get education evaluation done to show equivalency. USCIS doesn’t know each and every school outside US and these agencies sort of address that.

      If USCIS needs this in your case, they would issue the RFE.

      • Hi Saurabh,

        I 140 RFE Education credentials means for H1B? – What need to be done here. Is there any problem. I am BSC Computer Science and MCA. Now I have 13.5 years of exp.

        • S,

          I-140 is for green card processing; while H-1B is a different visa program. Not sure if I understood your question correctly. How is one impacting the other?

      • Hi Saurab,
        I received RFE on 7th oct. My employer told we have 3 months of time to submit response for RFE . Now that two months have passed already they(consultancy) are saying they can not provide project related doc which was required to submit.Looks like our all efforts gone in vain.Is there anything i can do when we have left only 1 month to submit the required doc? I am hopeless though

  31. Saurab, I received RFE yesterday. My employer told we have 3 months of time to submit response for RFE . If we submit response early then uscis takes action early OR they will wait 3 months and then starting working on my petition.

  32. Hello Admin,

    Recently I have received RFE and below are the RFE details.

    1) Right to control manager’s letter
    2) Formal position description on letterhead
    3) Org. Chart details

    I have not provided client letter as it is an in-house project. And also we have provided control letter when we filed the petition.

    Please help me how to proceed and what are the chances for approval.


    • IBMDreameR,

      This RFE needs the information from employer. So they should provide the information and submit as the response. That’s the process.

      No one can tell you the chances of approval as it varies from case to case.

  33. Hi

    VT/RP status is RFE. my employer asking to submit my all previous company experience letters with Job roles and responsibilities asap.

    They have not mentioned what is the procedure. I contacted my consultancey they said take letters from your previous employers. Who will provide this moment 10 yrs back letters.

    Please let me know if any one knows the procedure. The experince letters with Job Roles and responsibilities and which date the letter should be.

    And I am Commerce graduate now i am into SAP Consultant that is the reason they are asking how commerce graduate turn to IT.

    Please respond asap


    • padmasreenivas,

      Looks like they want to verify how you qualify for the offered position. So you need to submit detailed experience letters highlighting your skill sets, any trainings/certifications that you have taken etc. There is no set format.

      If you cannot get it from old employer, try to get it from ex-colleagues, preferably managers.

    • Hi PadmaSrinivas,

      I to got the H1 B RFE, by saying the same reasons.Could you please guide me on the same. So, that it would help me.


  34. Hi Saurabh,

    I have received below questions for RFE:

    I have filled as a Technical Specialist with extensive knowledge of web technologies namely java, extjs, jquery.

    1. The source of the instrumentalities and tools required to perform the speciality occupation
    2. How the speciality occupation work is part of your regular business
    3. Description of duties which are required to perform this job in USA

    #1 – does this related to tools used to achieve task and who will provide these tools etc…. I am really confused with this and my company visa team is not capable enough either. Please provide some insight

    In my opinion #2 would require explanation of my company’s work nature and how it goes inline with the task performed by me at client’s location. Please let me know if thats fine or is there is something else that should go.

    #3 would required detailed job description- Do we need to put same as that in LCA or can be different with more detail insight or should be LCA and addition of more.

    Please reply.

    • H1B_Second_Timer,

      An attorney would give a better response, but here is my opinion

      1. I think they are referring to the source of coding tools. So if you use Eclipse etc, you should mention that. If anything open source, you can mention it.

      2. Yes, that’s correct understanding

      3. It should be same as LCA

  35. I have received RFE to provide US work Location details with Client letter. But I had filed H1 for lets say Location A, and my Client is ready for Location B.
    If I provide a new Work Location address during RFE , will they consider it ?

    • Anu,

      This would be tough. You will have to file new LCA which is not advised when the petition is pending. What is your attorney suggesting?

      • @Saurabh: Same thing happened with me, Initially I came to Location 1 and then I got job in Location 2 for which my company already filled in the LCA and then what i did was changed job in Location 2 itself

        But now in Location 2 my new company has received an RFE and am not sure what could be the cause of it.

  36. I cleared the 2016 lottery and after that applied for PP. Now received the RFE. My employer yet to disclose the reason for that. Whether the further process will be done in premium or it will be normal??

  37. I work in a one person company who is filing the first H1B for the company. I received a specialty occupation RFE and my boss is not willing to provide the degrees of the previous american employees. Please help. If I do not provide the degrees, will my RFE response be complete?

    • Priyanka,

      Ask the employer/attorney how they plan to reply to RFE if not through submitting others’ resume. You mentioned that it is a one person company; so it is a valid scenario that no degrees exist for other employees. Maybe they can submit similar job openings from other reputed companies and show that they also require at least 4 years Bachelors degree.

  38. H1b filed under cap exemption and received receipt on Mar29. may i know how many days will take to complete the process.

    • abdul,

      Cap-exempt petition is taking several months. You can check the processing time on USCIS site for your service center for form I-129.

  39. Hi.. My company has filed H1B CAP and I cleared the lottery in May 2015
    I have sent my RFE response on 23rd Oct 2015 for the H1B CAP.
    I’m still awaiting for the response from the US Embassy for the interview call.

    Its been more than 3 months. Is this delay is common?
    Should I wait for more time or pls guide me how do I proceed further?

  40. Hi,
    I need an urgent views on my problem regarding fresh h1b rfe. I got an rfe in regular processing in june 2015. It was replied in august 2015. But due to visa extension my husband filed his extension and not mine h4 extension so that my h1b status do not get affected by h4 extension. Now the problem is I want to file premium processing of my case because my h4 is getting over in oct 2015 and my h1b is still in rfe.. I have heard that upgrading rfe in PP will create issues?? Is it really so??? I do not get any logical explaination for this…. Can any body help me here and guide me whether i shud upgrade to PP or not…any serious suggestions will be very helpful…TIA RUPALI

  41. Hi,

    I have completed my bachelor’s degree from distance learning Sikkim Manipal university (SMU) india. Currently my case status is RFE. I don’t know the exact reason for RFE. Is SMU degree is valid for H1-B?
    kindly reply me…

  42. I got the RFE in the month of Sept 1st week 2014, i am still waiting the worst part is my employer is not ready to share the receipt number, anyone in the same boat……….!

    • Sounds fishy. I hope you did not pay anything. Taking money, not applying, then saying RFE without any receipt is their total benefit and your total loss.

  43. (1) USCIS is requesting evidence to prove that the offered position qualifies as a specialty occupation. ***CRITICAL***.

    Please describe ALL of the Associate’s job duties for Web Developer position in detail, with specific attention to the percentage of time spent performing each duty.
    Provide a complete list of various software tools, languages and technologies used to perform the job duties.
    Provide a detailed description of the Company project, and explain what the associate’s role within the project will be.

    I am from TCS.Is this common RFE?
    How are the chances to get it approved?

    • Mr.___________, primary duties include but not limited to the following:
      • Designed and managed build and release methodologies using TFS for .net applications
      • Involved in the complete Software Development Life Cycle including Analysis, Design, Implementation, Testing validation and Maintenance.
      • Responsible for development & documentation like writing UAT document.
      • Modeled the detailed design of the system using UML and MS Visio, Use Case Diagrams, Class
      • Diagrams, Sequence Diagrams, Activity Diagrams and State Chart Diagrams.
      • Developed application using ASP.NET, Kendo UI and Telerik controls
      • Validation is done using JavaScript, jQuery.
      • Developed data access layer using LINQ.
      • Used entity framework 5.
      • Used User Controls in Views and extended Telerik MVC grid to provide custom sorting, filtering and custom paging.
      • Involved in implementing the logic using C# and oops concept.
      • Involved in implementing the printing logic using kendo.
      • Design and development of a highly scalable, flexible and re-useable service layer for a variety of services by using Web Services. Extensively used CSS in designing the web pages for the application.
      • Developed Database Stored Procedures, User defined functions and Triggers using T-SQL.
      • Developed import package to import data from Excel, CSV files into SQL Server using SSIS.
      • Used build master to deploy project into multiple environments like testing, integration and production


Leave a Comment