Hi,
We applied for our first H1B and got an RFE. The H1B is for a management job in a non-IT industry. RFE says:
Send us names of all managers at your work place
State how many of the managers have a baccalaureate degree in the specialty (this is the same speciality as mine).
For those who don't have a bacc degree, state how many years of experience each has.
Give more details on the job description. (this to me seems a minor, although we will beef up the description)
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My comments-
It is clear that INS wants to find out if other employees in a similar job have a baccalaureate degree, which is a precondition for H1B. For those who don't, INS wants to see if the job still meets the speciality occupation definition if the employees have 3 yrs of work experience for each year of baccalureate that they don't have.
The problem is all the managers working at this place do not have a baccalureate degree and neither do all of them have 3 years experience to show for each year of univ educatin that they don't have.
I guess, if the INS sees even a couple of employees like this, they will say ok so your organization HAS accepted employees without a bacc degree or the requisite work experience, so this is NOT a speciality occupation and the H1B is denied.
What is the best way to prevent a denial?
Can I just send the names of only those managers who do have a bacc degree? There are quite a few who do have it. This way INS cannot contest it.
Any ideas? Has anyone seen a similar RFE. It seems INS is getting tougher even with giving H1Bs.
Any help will be greatly appreciated!!!!!
We applied for our first H1B and got an RFE. The H1B is for a management job in a non-IT industry. RFE says:
Send us names of all managers at your work place
State how many of the managers have a baccalaureate degree in the specialty (this is the same speciality as mine).
For those who don't have a bacc degree, state how many years of experience each has.
Give more details on the job description. (this to me seems a minor, although we will beef up the description)
====
My comments-
It is clear that INS wants to find out if other employees in a similar job have a baccalaureate degree, which is a precondition for H1B. For those who don't, INS wants to see if the job still meets the speciality occupation definition if the employees have 3 yrs of work experience for each year of baccalureate that they don't have.
The problem is all the managers working at this place do not have a baccalureate degree and neither do all of them have 3 years experience to show for each year of univ educatin that they don't have.
I guess, if the INS sees even a couple of employees like this, they will say ok so your organization HAS accepted employees without a bacc degree or the requisite work experience, so this is NOT a speciality occupation and the H1B is denied.
What is the best way to prevent a denial?
Can I just send the names of only those managers who do have a bacc degree? There are quite a few who do have it. This way INS cannot contest it.
Any ideas? Has anyone seen a similar RFE. It seems INS is getting tougher even with giving H1Bs.
Any help will be greatly appreciated!!!!!