Very detailed RFE - evidence needed in multiple areas

Riverbed Technology dagdaubab
Oct 8 38 Comments

Tl;dr
Employer-Employee relationship, Specialty Occupation, Employer Information, In-House employment - all require additional evidence

Posted yesterday about RFE which I got for H1 transfer to Yelp.

Today I got the copy of the RFE; was sent to me by the law firm.

There are several things mentioned in it. I will just list the bullet points of the areas where additional evidence is needed.

Employer Information - Please submit additional evidence regarding your organization.

In-House employment - You must demonstrate that you have sufficient specialty occupation work that is immediately available at your location

Employer-Employee relationship - You did not provide probative evidence of any in-house projects....As a result you have not established that the beneficiary will perform services in a specialty occupation.

Specialty Occupation - You must establish that the beneficiary's proffered position is a specialty occupation.

It looks like the law firm fu**ed up royally. Since it's not just specialty occupation but other areas also that need additional evidence.

People on RFE, what's the reason you folks received? Is it similar to above?

TC: 150K
Yoe: 6
New TC: 230K

Roles current and new both Software Engineer.

MS CS

comments

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TOP 38 Comments
  • Veritas / Other 13Jija
    I got this RFE for my extension. My manager and I remained on top of this thing and provided very detailed documents including signed/unsigned offer letters and initial JD posted 5 years back which led to my hiring.

    Today only I got an email from lawyer that RFE was filed. Will let you know as soon as there is some decision.
    Oct 8 5
    • New / Eng
      panditji

      New Eng

      PRE
      Amazon
      panditjimore
      Best of luck, do share an update here once you hear back from USCIS.
      Oct 9
    • Riverbed Technology dagdaubab
      OP
      Good luck!
      Oct 9
    • Riverbed Technology dagdaubab
      OP
      Btw, did your lawyer submit the offer letter as part of H1 transfer petiton?
      Oct 9
    • Veritas / Other 13Jija
      I am sure they attached it as part of the reply.
      Oct 9
    • Veritas / Other 13Jija
      Update - Just checked the status of my application(extension) and it has been denied. I am working with my lawyers and manager to see what options I have. Thank you and good luck!
      Oct 22
  • Tesla
    modelthre

    Tesla

    PRE
    Amazon
    BIO
    Software Engineer
    modelthremore
    Ic3 at yelp ?
    What law firm ?

    Looks like lawyers messed up real bad.
    Oct 8 1
    • Riverbed Technology dagdaubab
      OP
      Yea IC3
      Oct 8
  • Intuit / Other ahshgxbakh
    I am stuck on a similar RFE with Yelp. But mine is only for speciality occupation proof since my degree is non-cs. Stay on top of lawyers and help them out. It’s hard to blame people for it. It’s just the nature of today’s politics. There is a huge luck factor. Hopefully it’ll get approved.
    Oct 9 3
    • New / R&D
      VeoQ04

      New R&D

      PRE
      Check Point Software Technologies, Ltd.
      BIO
      Senior iOS developer and tech lead
      VeoQ04more
      Speciality is specifically your knowledge on the workplace , operation etc that has been gained through working at that place
      CS degree has nothing to do with it - as developers with x years of experience in Y are not what your trying to prove you have.

      Your supposed to explain why you are unique - for example things you worked in , special processes etc.

      (I’ve been all the way from 3 L1B approvals to GC)
      Oct 9
    • Riverbed Technology dagdaubab
      OP
      I hope yours gets approved too. If I ask another company to start an H1 transfer petition now, will it cause any issues? I want to reach out to few companies from whom I had offers when I signed Yelp's offer and ask them if the position is still open.
      Oct 9
    • Gilead Sciences / R&D \_🙂_/
      There's nothing called an H1B transfer in government lingo. By law, you are allowed to hold multiple jobs at the same time with separate H1Bs. Of course, nobody ever does that in reality.

      But if you ditch Yelp at this stage, be sure you will be closing that door for your lifetime. Speaking from experience →_→
      Oct 9
  • F5 Networks / Eng .build
    It will be approved.

    Employer-Employee, In-House and Employer Information are easy ones.

    If you have a CS degree you should be fine.
    Oct 8 3
    • Riverbed Technology dagdaubab
      OP
      Thanks, but do you think it's normal to have so many areas where USCIS demands evidence.
      Oct 8
    • Gilead Sciences / R&D \_🙂_/
      Looks like they have been issuing RFEs by default to buy time. I have seen a couple like this. All you need to do is respond to each question with specific and adequate paperwork.
      Oct 9
    • F5 Networks / Eng .build
      Yes, I have. It's boilerplate honestly.
      Oct 9
  • Apple KGHP41
    Your lawyers are super incompetent. Fire them at once.
    Oct 8 1
    • Riverbed Technology dagdaubab
      OP
      Well, it's company lawyers and the law firm used by the company.
      Oct 8
  • New / R&D
    VeoQ04

    New R&D

    PRE
    Check Point Software Technologies, Ltd.
    BIO
    Senior iOS developer and tech lead
    VeoQ04more
    This is a pretty extensive RFE that goes basically over almost everything but the technicalities.
    In a way more narrow RFE (for the initial visa - not extension) - we decided to re-write the case.

    looks like somebody's slacking there on the descriptions side - or the lawyers didn't properly guide the company on how and what is needed.
    Oct 9 2
    • Riverbed Technology dagdaubab
      OP
      Is rewriting better in this case?
      Oct 9
    • New / R&D
      VeoQ04

      New R&D

      PRE
      Check Point Software Technologies, Ltd.
      BIO
      Senior iOS developer and tech lead
      VeoQ04more
      I ain’t a lawyer - but it sounds like someone needs to have a long hard talk with the lawyers office

      At the time one of the vps in the company did it and we moved to a more senior lawyer in that firm - and later dropped them altogether.
      Oct 9
  • Comcast / Eng
    wKYh52

    Comcast Eng

    PRE
    Dick's Sporting Goods
    wKYh52more
    Just comply, it'll be fine. In had the same shit. It's just extra paperwork, don't worry.
    Oct 9 0
  • Nokia dhxienaofu
    Provide a proper detailed description, I had got the same. Gets approved, not a problem if your documentation is correct. Just a delay or frustration created by uscis
    Oct 9 0
  • New / Eng
    panditji

    New Eng

    PRE
    Amazon
    panditjimore
    Don't worry I've seen similar RFEs, it looks like the initial filing was somewhat lightweight. All these points are easy enough to address.

    You should worry if you get a NOID. RFE is pretty much a standard in the visa workflow these days.
    Oct 9 0
  • Nutanix pq$&$
    You should be fine. There is no surprise to see RFE in this political climate. Work with your Immigration attorney and your direct manager as close as you can.
    Oct 8 0
  • Google wFatDuck2
    You should be fine , stay on top of the lawyers and the response
    Oct 8 0
  • Google Ben Dover.
    Bro. Time to pack your bags.
    Oct 8 3
    • Riverbed Technology dagdaubab
      OP
      Any chance of this kind of RFE being approved?
      Oct 8
    • Google Ben Dover.
      Of course. It depends on your lawyers. Or hire external lawyers. And don’t worry about the cost. Your stay is more important.
      Oct 8
    • Riverbed Technology dagdaubab
      OP
      The petition was filed by Yelp's law firm. Can external law firm be used to respond to RFE?
      Oct 8
  • Cisco / Product
    Truthdr9

    Cisco Product

    PRE
    HPE
    Truthdr9more
    You need time to find all the required docs and post your reply, high probability it will be approved, did you quit old job already ?? Also check for others who got such rfes this helps a lot
    Oct 9 1
    • Riverbed Technology blindban
      Laid off
      Oct 13
  • Cisco IFTL14
    Did you move to yelp yet? If not the worst that could happen is you can look for another opportunity if it doesn’t work out for current move.
    Oct 9 1
    • Riverbed Technology blindban
      Am laid off
      Oct 13
  • New / Manufacturing
    ksh007

    New Manufacturing

    BIO
    Medtronic
    ksh007more
    Ghar Wapsi
    Oct 13 0
  • Cisco / Product
    Truthdr9

    Cisco Product

    PRE
    HPE
    Truthdr9more
    What is the law firm byw
    Oct 9 0
  • Capital One / Data Capital123
    What law firm? Seems the lawyers messed up big time or it’s just a random hit on your application
    Oct 9 0
  • Juniper code-eater
    Education to Job description relevance.
    Oct 9 0

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