H1-B transfer to FANG : another RFE

Microsoft $€£¥
May 14 39 Comments

Undergrad : EE (India)
MBA from Top 5 US university
5 years experience as SWE + 10 years as a PM at MSFT. Currently L66 at MS.
New role is also PM.

Just learned I got an RFE via premium processing. Don't know the reason yet as its in the mail and the lawyers don't yet have it.

I've had 3 H1 extensions before this, including one last year ( after trump). Never had an RFE.

Current TC: 370. New TC: 450

Any advice? Other folks in this situation what were the documents or paperwork required to answer the RFE?

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TOP 39 Comments
  • Amazon Northman
    That is serious bullshit. Sorry to hear that. You are the kind of immigrant we want. F*** our immigration policies.
    May 14 3
    • Microsoft $€£¥
      OP
      Thanks bro. Yeah I'm quite frustrated with this. Luckily the hiring manager is very understanding and is ok to wait it out for this process to play out. Not everyone would wait :(
      May 14
    • LexisNexis Ano0810le
      Good you have the manager on your side. I recently lost an offer just because of the rfe
      May 14
    • Microsoft $€£¥
      OP
      Lexis that really sucks. Hard enough to get a good offer but losing it for those reasons is hard to take. Which company was it?
      May 14
  • Google acllca
    Don't worry. 2 years back I was moving from FB to Google. Google offered me around 370k. I am having masters from top school. I had 2 rfe :). Even lawyer was surprised. However, transfer was approved later. If you are Indian, get used to it. We are looking at long dirty immigration battle.
    May 14 4
    • Microsoft $€£¥
      OP
      2 RFE? Dude that is brutal. What were they if you don't mind sharing? And what docs etc do I need to prepare? I'm trying to understand if I need to get letters from my previous managers or stuff like that...
      May 14
    • Google acllca
      First was regarding latest paycheck. USCIS said I didn't submit latest paycheck. They were wrong but we don't have right to argue. Second was regarding some missing doc due to lawyer's carelessness. It got approved later but I started job before approval and was bit nervous till it got approved.
      May 14
    • Zillow Group cEdy26
      You are having masters? Years back?
      May 14
    • Amazon / Eng Yolo!
      They don’t care about TC, they only care about base salary given for LCA. If it’s low then that’s not good
      May 15
  • This is because PM is not considered a specialty occupation, according to what I am hearing from some other people in similar situation.

    You worked as swe and pm, which doesn't relate to EE. PM relates to mba but then like I said, nowadays uscis is not considering it a specialty occupation.
    May 14 5
    • Microsoft $€£¥
      OP
      It could be this. But keep in mind I just got a H1 extension last year for a PM role. Its very arbitrary...
      May 14
    • Oracle xSdK15
      Previous successful H1 extensions in the same company doesn't relate to successful H1b transfers esp for non speciality occupations. In your previous job, you must have proved that you had engineering and functional skills that were important to your PM job and hence they must have approved.

      Unless you have a very similar profile and with the same domain and technical skill sets with the new company that you apply for, it would be difficult to prove a case that you are special for the new job.

      I'm also a PM and feel it's a risk to do H1B transfer in the current environment unless I have a very similar job role including the domain at an another company
      May 14
    • Microsoft $€£¥
      OP
      Got it did not know that 😢.
      May 14
    • Oracle is right.

      I know a PM who got an rfe with h1 extension because they say it's not a specialty occupation. He is also an MBA from a US University with 10+ years experience.
      May 14
    • Ask your lawyers to classify you as swe
      May 14
  • Amazon hrwjwtjwtj
    I would highly recommend not to use Premium Processing anymore. Everyone is getting RFE on Premium Processing. A friend of mine had his L1 extension denied (Premium Processing), he applied for extension again with the same document(w/o Premium Processing) and was approved.

    Given your experience and education, I don’t think you would have much problem. Just don’t use Premium Processing.
    May 14 4
    • Microsoft $€£¥
      OP
      I've heard the same anecdotally. Why though? Are they just trying to slow things down?
      May 14
    • New bzRF81
      Looks like it... Looks like xenophics in the USCIS are promoted and now occupying top levels. Totally lame... These people give subtle signals to adjudicators that asking for as many evidence as possible is strongly preferred. You see some folks in Blind that goes around spreading anti-immigrant ideas and trying to pit Indians vs Chinese etc? USCIS must have some of those people and it appears that they are overworked right now.
      Also they can't seem to make up their mind. They say low wages are a problem and hurting Americans which is a fair argument but they also seem to have problem with higher wage jobs because pretty much everyone is getting RFEs.

      Employers get a lot of control over H1B because the employer is the key to determine there's a high demand for a role and the salary is an indirect but very strong corroboration of that demand. The employer is central to the H1B approach because of that (unlike say Canada's system). It also aligns with the ethos of this country giving a strong deference to businesses' needs.
      USCIS is supposed to defer to employer's justification esp. when all other factors incl. the salary, wage level etc are considered. There's also an extremely strong disincentive to hire an H1B when an equivalent candidate is available locally.

      I think the idea now is to create uncertainty for the employer, the employee and increase the overall cost associated with H1B further.

      People with this thought process need to understand that introducing subjectivity in government processes will come back to bite their ass. China will never be the US because there's no objectivity in their government but if the govt here starts doing whatever it wants without obeying the law passed by the Congress it's not going to take too long for that attitude to spread to other areas that deal with other domestic issues outside of immigration.
      May 14
    • Microsoft $€£¥
      OP
      Agree the system is downright hostile now to immigrants
      May 14
    • New / Eng
      SanHolo

      New Eng

      BIO
      Tc = broke. Education: the Derek Zoolander school for kids who can’t read and want to do other stuff good too
      SanHolomore
      Only going to get worse. They will pound that system with as many legal hoops that it will be cheaper to just hire American. If they could, without political or economic consequences they would scrap all immigration programs.
      May 14
  • VMware / Eng
    tyxS31

    VMware Eng

    PRE
    Microsoft, Hulu
    tyxS31more
    I bet some attorney or paralegal screwed some paperwork up, I won't stress over it just yet, wait and see
    May 14 3
    • Microsoft $€£¥
      OP
      I'm hoping this is the case. They just renewed my MS H1 for 3 years so not sure why the transfer is an RFE.
      May 14
    • Extensions go through without RFEs, it’s the amendments and transfers that get Major RFEs. EE and MBA are both RFE triggers but you should be good.
      May 14
    • Microsoft $€£¥
      OP
      Hoopsguy that's a good point didn't think about it that way...
      May 14
  • Medallia lmg097
    Adding my two cents - I got my H1B denied the first time after an RFE but got the second one approved in 4 days. The difference - I was very involved with the lawyers and had a supportive manager who let override the (in my opinion) stupid decisions by the lawyers. Yes the USCIS has changed its policy but big immigration law firms are continuing to submit sub par applications and expecting an RFE ( I was told as much by my lawyer) if you work in a non-shady company and provide the right job description, you should get approved. Now on the inside i finally got to look at my rejected petition and it was poorly crafted and submitted - so yes regulations have changed but immigration lawyers especially ones working for big corporations need to put in a little bit of effort
    May 17 2
    • Microsoft $€£¥
      OP
      Hey man can I pm you? I need some advice. My lawyers said nothing is needed from me for the RFE? So what are they going to fill out in reply?
      May 17
    • Medallia lmg097
      Yes feel free to ping me that’s what I was told as well
      May 17
  • Microsoft
    wizard1

    Microsoft

    PRE
    Taco Bell, Campbell Soup, Jack in the Box
    wizard1more
    Why didn’t you get ead?
    May 14 5
    • Microsoft $€£¥
      OP
      I'm still in the queue my PD is not current
      May 14
    • PayPal himy
      What’s your Priority date ?
      May 14
    • Microsoft
      wizard1

      Microsoft

      PRE
      Taco Bell, Campbell Soup, Jack in the Box
      wizard1more
      You can get ead without priority date being current. Or am I mistaken? My pd isn’t current and I’ve been on ead for 7 years now
      May 15
    • Microsoft $€£¥
      OP
      I dont think you can. How did you get it?
      May 15
    • Microsoft
      wizard1

      Microsoft

      PRE
      Taco Bell, Campbell Soup, Jack in the Box
      wizard1more
      “If your priority date meets the cutoff for the Schedule B, you can apply for your I-485 and receive an EAD and Advance Parole (AP) without having to wait for your priority date to become current to receive your Green Card.”

      https://losangelesimmigrationcenter.com/now-many-immigrants-can-apply-for-a-green-card-before-their-priority-dates
      May 16
  • Microsoft $€£¥
    OP
    Update: the RFE asks why undergrad degree is required for this position. Any tips on how to answer this successfully. I'm not sure how much to trust the lawyers on this so want to be more hands on in the reply
    May 20 2
    • Neurocrine python 4.0
      Relate your undergrad courses to your job description. You can also provide similar job descriptions from LinkedIn for other companies that also mention undergrad degree as a requirement.

      All the best.
      May 20
    • Microsoft $€£¥
      OP
      Thanks
      May 20
  • Epsilon ySPg80
    OP, there’s another thread out here from where you will get more inputs. Just search “h1b transfer thread” on blind and post your queries there. We’re all in the same boat.
    May 14 1
    • Microsoft $€£¥
      OP
      Thanks will post there
      May 14
  • Amazon DaReelReal
    M7?
    May 20 0

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