Moving from Facebook to another FANG company as engineering manager. I got an RFE and I am worried that it might eventually get denied. The lawyer mentioned that the RFE is straightforward, but at this point everything is uncertain. Has anyone gone through this? Are RFEs just common nowadays for additional scrutiny or do a good portion of them get denied?
And the RFE, do you know the reason for it?
Is says speciality occupation
Hey @OP, specialty occupation is tricky. It can mean 2 things- 1. The role/company you will be joining isn't specialized work. In other words, it doesn't require any advanced degree or specialized skillsets. 2. Your field of study doesn't match the role you want to take up. This means you gained specialization in a different field of study but then you are not using that knowledge, or the degree you have is not specialized enough. In other words, H1B is a specialized skillset visa, so you either don't have a specialized skillset or are not using it for whatever reason. Since you mentioned your bachelor degree is in CS, I don't see the second reason. So to better prepare your case as per the first reason, you will need to provide evidence of how the role you are taking up requires special knowledge related to the courses you pursued in your degree program. This means the role you are taking up needs to be a more technical role, and you need to prove exactly that through your job description and other evidence. Ping me for more details and I will be happy to discuss.
RFEs are usual and are straight forward if you or your petitioner company is not lying about any details. You might also get one if you are into sensitive fields like cyber security.
Nothing related to cyber security
Speciality occupation is tricky..been resuming into denials recently
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USCIS wants you to prove how bachelors is related to work? Have you done bachelors from India? Any degree in US?
Bachelors in India and no degree from US. Although I have been at Facebook for over 7 years. I would assume engineering manager roles would need a minimum bachelors
You would think so but not DOL. is your occupation is even in DOL book? If not what did they apply? You would be surprised but many roles do not explicitly require BA as the rules were written years ago and they just slightly adjust them.
Yeah for some reason bachelors in India specially Non CS degree is resulting in rfe? Whatās your bachelors degree in?
CS
Okay thatās good.. make sure work with lawyer to add maximum details and not hurry in giving rfe response take your time letters from industry ppl that bachelors degree requires for this position, job posting from similar companies for this positions and what not
Easiest would be to prove that 100% if those hired by a company for a role have bachelors. Ideally want to have more than 1 proof
Worst case can you keep your position at FB?
I am interested in knowing that too. if it gets denied can you continue at FB ?
It is common for USCIS to ask for RFE to support your filed H1b transfer petition. The following are some of the most common H1B transfer RFE reasons: 1. The petitioner has submitted insufficient evidence to prove that the petitioning U.S. employer is an established and operating entity in the U.S. with the ability to hire, pay and provide sufficient specialty occupation work to the H-1B employer; 2. The employee has not sufficiently demonstrated that the specialized knowledge he/she possesses is directly related to the job offered; 3. The petitioner has provided a lack of proof demonstrating a valid employer/employee relationship; and 4. The offered position doesn't qualify as a Specialty Occupation. Source: https://www.prideimmigration.com/h-visas/h1b-visa-transfer-request-for-evidence/
Phew, I finally got the approval today. Thanks everyone for the moral help. I havenāt received the hard paper copy, but I am guessing it should be fine to give me notice now. Anything that I could be missing?
How long did the whole process take?
hey op. how long does this takeļ¼ I am in kind of similar situation
Any idea why that might be?