request for evidence: specialty occupation?

[gb111]

Hi,

My girlfriend is currently on OPT applying for a new H1B visa from the Virginia Centre. She received a request for evidence from the centre asking to demonstrate that her job as an "applications developer" qualifies as a specialty occupation.

She has a masters degree in C.S. and is working as a software engineer. So, her job is directly related to her degree.

Has anyone encountered such a query? If so, what was the response and outcome?

Has the BCIS stopped considering software engineer as a specialty occupation? If so, can anyone other than nurses apply and benefit from the H1B category?

Thanks

 

[nyctechie]

Hi there, I might also be facing a similar situation. I'm also a CS major. Did my ME from a premiere institute in India and have a US MS degree too. Not only that, when I applied for H1b (RD July 1,2003) I was in the Ph.D program. I have published few conference papers and one journal paper. Even then INS is has sent me an RFE (on 25th sept). I didn't receive that yet so don't know what exactly are their problem! The only thing is that my company
is a small one. Also, since I've been in usa for 5 yrs, have 2 yrs of working exp..I thought that my case would be simple one.
So didn't hire a lawyer. I prepared all docs by myself and my boss is representing me. Don't think that would make any difference though.When did your gf file it? Was it prepared by a lawyer? If not, I'd suggest you can hire a lawyer now. I may also have to do the same....