H1B Extension Employer employee RFE

H1B Visa
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1

I am full time employee for well know US based company.I got H1B Extension RFE for “Maintained Valid Employer-Employee Relationship”.
USICS has asked to submit documents which proves that my employer Maintained Valid Employer-Employee Relationship throughout previous H1B approved petition.

2

@Anil_Gupta - Can you please provide your thoughts on this ? Thanks in advance.

3

https://www.am22tech.com/documents-for-employer-employee-relationship/

4

Thanks. We will submit documents mentioned in article.

Also I got more details on RFE and they have mentioned below -
USICS has asked to submit documents which proves that my employer Maintained Valid Employer-Employee Relationship throughout previous H1B approved petition.

Also USCIS has mentioned below details -
“You have requested current filling as extension of same employer and employment.
On the current petition you have indicated that beneficiary is employed as Software developer. The petitioner also indicated that they recently submitted permanent labour CERT for beneficiary and pre offered job.
However on the permanent labour certificated submitted to department of labour you have mentioned that beneficiary is working as Computer Systems Analyst. It is unclear of the position that beneficiary is performing. USCIS records does not indicate petitions have been submitted to change of Employment.”

When I checked on Current H1B LCA(ETA Form 9035 & 9035E) Section B(Temporary Need Information 3.SOC Occupation Title) It is mentioned as Compute SYSTEMS ANALYSTS only.
Same has been mentioned on PERM ETA 9089 ( F Occupation title - Computer Systems Analysts).
I am not sure how USCIS has come up with current role as “Software Developer”

My Employer is working on preparing response. Is this valid reason for RFE ?

5

Did you check the H1B I-129 application form and what has been written on that form?

6

@Anil_Gupta - On current H1B application or on H1B Extension application ?

7

Off-course on the current H1B extension application.

USCIS has clearly mentioned that you have requested the current extension as “Software Developer” which is in conflict with your PERM.

8

Thanks. Let me check and get back to you.
Also I was in impression that your H1B job role and PERM role can be different ? is that not true ?
Also in my case let’s say if my employer has submitted as software developer what should be next step.

9

It can be different but these days USCIS is making big issues of small things as well.

You will have to prove and submit the documents as requested in RFE.

10

@Anil_Gupta - Yes attorney is working on preparing reply. I work for well reputed US based company (full time job) and have all documents that they have requested.
My VISA is expiring on Jun 26 and I am not sure if attorney will submit reply very quick. Do you see any other issues that I should be careful.

11

Is your H1B 6 year quota ending on June 26?

12

No. Have 2 more years left.

13

Then, i don’t see any issue. You can stay in US even if your i94 expires while your i94 expires.

I suggest to also look for a new company who can file H1B Transfer as your RFE looks a bit dicey. Just my opinion. It may be approved with issues too.

14

Sure .I will check other options. Any reason you believer my RFE tricky one.
I spoke to my employer and they were looking confidant.

15

I am just suggesting that it is better to have a back up before you cross your i94 expiry date.

Once i94 expires, you will have very limited options to stay in US if something happens to your current H1B.

16

My extension got approved. @Anil_Gupta Thanks for advice.