RFEs on H1B Transfer

Guide to Understanding Requests for Evidence

Occasionally, you may need to submit H1B transfer RFE reasons in order for USCIS to decide on an H1B case. But it can be challenging to know what to do when you don't understand how this works. This is where credible sources of H1B and US immigration information becomes valuable. Techfetch H1B professionally curates information and news on all topics related to US immigration so that you be prepared with the information you need to tackle visa processing.

Let us investigate RFE in H1B transfer and find out what it implies.

H1B RFE: A Brief Definition

An H1B RFE is a request for evidence made to an applicant when USCIS wants such evidence for an H1B case. Request for Evidence is abbreviated as RFE. In essence, when an H1B visa application needs to be evaluated, an H1B RFE is used. It can help determine if you are qualified to get the visa in the first place. This does not indicate that the request was denied.

Causes of H1B RFE

Have you received a petition for an H1B RFE? So, the following are some of the most frequent causes:

Mismatched VIBE System Information:

You will receive an RFE as a result of mismatched information in the VIBE system if your employer changes its structure, address. USCIS uses the VIBE system, also known as the Validation Instrument for Business Enterprises.

Any changes to the information you have provided will result in a minor error and you will obtain an H1B RFE requesting more information (such as wage reports or other data).

Job Specialty + Salary Level:

Did you know that there are different pay scales for different jobs? You can be level 1, 2, 3 or 4 as an employee, depending on your circumstances. Level 1 refers to experience, level 2 to education, level 3 to supervision, and level 4 refers to staff who are fully capable.

These levels are intended to categorize employees so that when a foreign worker is hired, it does not impact the status of American workers. A conflict will occur if you apply and are only approved for level 1, as the position you are seeking is identical to others in the same occupation.

Beneficiary Requirements:

If you want to be considered for an H1B visa, you must have a bachelor's degree. Also, the title should be relevant to the job you want. It is not necessary that the degree was obtained in the United States; it may have been earned elsewhere. However, you will be required to show proof of possession.

Occasionally receiving an RFE H1B can be the result of the fact that your title does not appear to be relevant to the job you have applied for. USCIS will ask you about the value of your title in relation to the position. References, letters, or any other documents from previous employers that can demonstrate relevance can be used to accomplish this.

Employment relationship:

You can get an H1B RFE if you work off-site. The employer-employee relationship must be evaluated, which is a challenge to achieve if you work remotely. Whether the candidate is directly supervised by the employer or under the direct control of the employer, the evaluation is based on these factors.

Status Maintenance:

If you want H1B status to stay in place, you must maintain it and any changes or extensions must be properly recorded. Use your work history and pay stubs as evidence. Likewise, if you are an F-1 student, be careful to document your attendance to show that you completed your course work before submitting an application for an H1B visa.

How to react to an RFE

The first thing you should do after receiving the petition is to read it carefully to make sure you understand it. Because petitions are important matters, you must understand every detail of the petition to avoid making mistakes.

Also, you should not give partial answers. You must provide complete answers to all queries, making sure not to leave out any important details. You will not receive a second petition from USCIS, so make sure everything is correct the first time.

As already noted, it does not always indicate that your request has been rejected; USCIS just requires more details to support your claim. Include the necessary documentation and be sure to double check everything before shipping the entire box to the correct location.

Submit the answer last, but before the deadline. The application will be denied if you wait too long to get it done, forcing you to take your time and file the case again.

RFEs and NOIDs:

There are NOID requests in addition to RFE requests. A NOID is different from and more serious than a RFE, which is meant to alert you that more documentation is needed before you can be granted an H1B visa. Notice of Intent to Deny, or NOID as its name implies, when the person reviewing your petition intends to reject it. The denial indicates that you are not qualified to acquire the visa, but the denial generally indicates that an error occurred. The case could be saved if you can offer evidence to address the issues that caused the NOID.

Conclusion:

H1B transfer RFE reasons need not be cause for alarm. You may still be eligible for an H1B visa transfer, but you may not have certain documents or may need to provide additional proof. Read up in more detail on the topic on Techfetch H1B.

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