Hello All,


Has anyone received Request for Evidence (RFE) for H1b in the past? Can anyone plz share some experience regarding the format for replying RFE and how exactly we should reply for RFE? Your help will be highly appreciated!!

What is the nature of RFE?
laborperm@gmail.com

Friends,
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be careful

It depends on the nature of RFE.
If they have asked for expert opinion on education, get expert opinion evaluation.
If they have mentioned that the position mentioned is not a specialty occupation, explain it according to the O*Net and Occupational handbook Rule.
If they say that the position does not necessarily require a bachelors degree, show them evidences of advertisement in the industry that other employers have sought bachelor degree for the similar position.
If they have mentioned that the company/sponsor's information if frivolous or inadequate, provide them with copies of tax returns, photographs, audtied statement, wage reports, W-2, 941s, incorporation documents, Tax Id etc.

If you could specify the RFE here, I could answer them accordingly.

Hello Santoshgiri or any other experienced and knowledgeable Helper,

I have question regarding RFE for I-140 about company's ability to pay:

The company submitted I-140 on March last week and got RFE on first week of April. The company started to put in the payroll after April 6 with proffered wage.

IF the company is currently paying proffered wage since last few weeks and will continue to pay until I-485 is approved, is that going to be enough evidence to prove the company's ability to pay? right now, I have only two weeks of pay stuff.

Also, if the company's Net Current asset - Net current Liabilities is higher than the proffered wage, it that going to be enough evidence to prove the Company's ability to pay?

What do you think about these matters??
Thank you for your time and valuable input on this.

Ability to pay can be demonstrated through:
tax returns for the last 2-3 years with the most recent one showing strong financial situation and well above proffered wage.
If there is no tax return for 2006, you should be submitting extension request letter as eveidence.
Also, you may want to submit first quarterly income statement for Jan-Mar 2007.
Also an audit of the company is helful in adjudicating.

My REQUEST FOR EVIDENCE says the following. My OPT expires on July 7th. Do you guys have any suggestions for my next step now? Any ideas will be greatly appreciated.

Perit,
it seems like they are asking for the period of 5 months behind July 07 till the start of employment. Why don't you talk to your employer and request the early starting of job may be from July 1st of 2007. why did you not think about this before you processed? Talk to your lawyer about pulling the date of your employment early to the July 1st or Send another letter from your employer that shows you are going to join the work from July st.

We cannot apply for H1B that starts before Oct 1st. They are asking for my status for 2 month and 23 days. Any of you guys have gone through this situation?

Prerit Ji,
Immediately enroll in a school, hold an I-20 thus prividing youa F-1 status for the term indicated.
Or,
Change your status to F-2 if your spouse is a F-1 or , change youyr status to B-1 or B2 thereby allowing you another 6 months.

Consult an attorney for further steps.

This is a speculation based on your situation.

santosh is right!!

Get into a grad school and apply for CPT.

CPT will let you work full time but you got to take classes too. You many find colleges in your area that offer night classes. Getting a CPT is within college's domain, you will have to get an approval from internation student advisor and your professor.
That's it.

Thanks Santosh and real maobadi....Hey santosh Ji. If i apply for getting a new i-20 woudnt my H-1 application be void? My international advisor in school thinks so. She is not real sure though. i am in a real dillema here...More suggestions???

Thanks lahure...If i go back to school i would not be in H1. right?..I am thinking to stay in h1 after Oct 1st.

prerit,
when you file RFE you will have to change the application to H1-B to be effective rather than change of status.
you are getting RFE because you also filed for change of status. and since you are in OPT you cannot stay here legally for next approximately 90 days

if you provide Kathmandu as the consulate. you will have your H1-B approved. but you will have to go back and apply for visa to get back.

if you want to take like 3 months break it would be fine. otherwise welcome back to the school (O:

your advisor is correct. if you file for I-20 it will invalidate your request for change of status to H1-B. based on latter being filed.

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as always
what do i know (O:

Thanks thapthap....I think u r right....Any more suggestions??

Thapap is right i guess.
I have another question. If H1 is approved providing Kathmandu as the consulate and starting date Oct 1, what happen in this case if he got I 20 on July? Is it required to apply for change of status during July or not required coz he is in OPT?

prerit
no (O: . not from my side. (O: unless you are paying me big bucks (O:

sanas,
answering your question. if he got I-20 in July and if he enrolls as a student then he invalidates his H1-B.
to make it simple. say H1-B is approved on June 1st with effective date of OCT 1st.
and you get I-20 in July and start school in Aug. this will invalidate your H1-B.

===================================================
as always
what do i know (O:

o thapap
Surely i will contact you next year as my consultant for H1B. Surely i will pay more than what they are paying indian consultants and lawyers. Is it good deal? keep on coming to sajha for at least more one year.

Thapap as you said
"if you provide Kathmandu as the consulate. you will have your H1-B approved. but you will have to go back and apply for visa to get back. " It means still if I 20 is issued in July but H1B approved in june with effective date Oct 1, H1 will be void?