Help: How to answer these RFE Questions ------------------
Dec 3rd 2003, 2:52 pm
#1
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Thread Starter
Joined: Oct 2003
Posts: 24
Request for Evidence Pleaseh lep... RFE Questions ------------------
Please help me how to answer these questions properly and accurately. We know that the questions are self-explained, but we want to get input from other experienced member here or from anyone who had same experience. We have lawyer, but we also want to get additional input from others.
The RFE questions are:
POSITION REQUIREMENTS: Submit the following evidence to establish that the proffered position qualifies as a specialty occupation:
1. POSITION ANNOUNCEMENT: To support the petitioner's contention that the position is a "specialty occupation", provide copies of the petitioner's present and past job vacancy announcement. The petitioner may also provide classified advertisements soliciting for the current position, showing that the petitioner requires its applicants to have a minimum of a baccalaureate or higher degree or its equivalents.
- We met this guy in an event and had an informal chat/interview. We had another interview and we think that he's the right guy to work for us.
2. PAST EMPLOYMENT PRACITICES: Provide evidence to establish that the petitioner has a past practice of hiring person with a baccalaureate degree or higher to perform the duties of the proferred position. Indicate the number of persons employed in similar positions. Further, indicate how many of those persons have a baccalaureate degree or higher and the particular field of study in which the degree was attained.
--My questions regarding Q #2:
a. past practice hiring person with bachelor degree to perform duties of the position. does it mean the computer analyst position that he will have? We never hired a programmer before. Now, due to business expansion and nature of the company, my boss decided to hire a programmer to help him develop some kind of business application for internal and possibly for business also. So, basically this is the first time our company hired a computer guy. I think in this day, everybody needs computer guy to work.
- What are the best possible answers to those questions above?? Please helpp....
- What do you think about those questions? hard/bad sign, etc.? Will these be the last questions? If we can satisfy all above, does it mean my petition will be approved? How long will it take?
The RFE questions are:
POSITION REQUIREMENTS: Submit the following evidence to establish that the proffered position qualifies as a specialty occupation:
1. POSITION ANNOUNCEMENT: To support the petitioner's contention that the position is a "specialty occupation", provide copies of the petitioner's present and past job vacancy announcement. The petitioner may also provide classified advertisements soliciting for the current position, showing that the petitioner requires its applicants to have a minimum of a baccalaureate or higher degree or its equivalents.
- We met this guy in an event and had an informal chat/interview. We had another interview and we think that he's the right guy to work for us.
2. PAST EMPLOYMENT PRACITICES: Provide evidence to establish that the petitioner has a past practice of hiring person with a baccalaureate degree or higher to perform the duties of the proferred position. Indicate the number of persons employed in similar positions. Further, indicate how many of those persons have a baccalaureate degree or higher and the particular field of study in which the degree was attained.
--My questions regarding Q #2:
a. past practice hiring person with bachelor degree to perform duties of the position. does it mean the computer analyst position that he will have? We never hired a programmer before. Now, due to business expansion and nature of the company, my boss decided to hire a programmer to help him develop some kind of business application for internal and possibly for business also. So, basically this is the first time our company hired a computer guy. I think in this day, everybody needs computer guy to work.
- What are the best possible answers to those questions above?? Please helpp....
- What do you think about those questions? hard/bad sign, etc.? Will these be the last questions? If we can satisfy all above, does it mean my petition will be approved? How long will it take?
Last edited by bigbulus; Dec 3rd 2003 at 7:26 pm.
Dec 3rd 2003, 7:14 pm
#2
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Posts: n/a
Re: How to answer these RFE Questions ------------------
"bigbulus" <member17241@british_expats.com> wrote in message
news:[email protected]...
> 1. POSITION ANNOUNCEMENT: To support the petitioner's contention that
> the position is a "specialty occupation", provide copies of the
> petitioner's present and past job vacancy announcement. The
> petitioner may also provide classified advertisements soliciting for
> the current position, showing that the petitioner requires its
> applicants to have a minimum of a baccalaureate or higher degree or
> its equivalents.
> - We met this guy in an event and had an informal chat/interview. We had
> another interview and we think that he's the right guy to work for us.
> 2. PAST EMPLOYMENT PRACITICES: Provide evidence to establish that the
> petitioner has a past practice of hiring person with a baccalaureate
> degree or higher to perform the duties of the proferred position.
> Indicate the number of persons employed in similar positions.
> Further, indicate how many of those persons have a baccalaureate
> degree or higher and the particular field of study in which the
> degree was attained.
> --My questions regarding Q #2:
> a. past practice hiring person with bachelor degree to perform duties of
> the position. does it mean the computer analyst position that he will
> have? We never hired a programmer before. Now, due to business
> expansion and nature of the company, my boss decided to hire a
> programmer to help him develop some kind of business application for
> internal and possibly for business also. So, basically this is the
> first time our company hired a computer guy. I think in this day,
> everybody needs computer guy to work.
Maybe everyone needs a computer guy, but do they need one with a degree,
that degree being in the subject that your candidate graduated in?
They want evidence that the job needs a degree in a certain subject,
and that your recruitment efforts specified that the applicants should
have a degree in that subject. If your candidate's degree isn't in the
required subject, they'll need evidence from an accreditation agency
that his degree and prior experience taken together are equivalent to
a degree in the required subject.
I'm guessing that you've got this far without specialist advice. It
looks like it might be difficult to provide the required evidence from
what you say. I'd suggest getting in touch with a lawyer or paralegal
with lots of experience of successfully getting H-1Bs for 'first of their
kind' employees.
news:[email protected]...
> 1. POSITION ANNOUNCEMENT: To support the petitioner's contention that
> the position is a "specialty occupation", provide copies of the
> petitioner's present and past job vacancy announcement. The
> petitioner may also provide classified advertisements soliciting for
> the current position, showing that the petitioner requires its
> applicants to have a minimum of a baccalaureate or higher degree or
> its equivalents.
> - We met this guy in an event and had an informal chat/interview. We had
> another interview and we think that he's the right guy to work for us.
> 2. PAST EMPLOYMENT PRACITICES: Provide evidence to establish that the
> petitioner has a past practice of hiring person with a baccalaureate
> degree or higher to perform the duties of the proferred position.
> Indicate the number of persons employed in similar positions.
> Further, indicate how many of those persons have a baccalaureate
> degree or higher and the particular field of study in which the
> degree was attained.
> --My questions regarding Q #2:
> a. past practice hiring person with bachelor degree to perform duties of
> the position. does it mean the computer analyst position that he will
> have? We never hired a programmer before. Now, due to business
> expansion and nature of the company, my boss decided to hire a
> programmer to help him develop some kind of business application for
> internal and possibly for business also. So, basically this is the
> first time our company hired a computer guy. I think in this day,
> everybody needs computer guy to work.
Maybe everyone needs a computer guy, but do they need one with a degree,
that degree being in the subject that your candidate graduated in?
They want evidence that the job needs a degree in a certain subject,
and that your recruitment efforts specified that the applicants should
have a degree in that subject. If your candidate's degree isn't in the
required subject, they'll need evidence from an accreditation agency
that his degree and prior experience taken together are equivalent to
a degree in the required subject.
I'm guessing that you've got this far without specialist advice. It
looks like it might be difficult to provide the required evidence from
what you say. I'd suggest getting in touch with a lawyer or paralegal
with lots of experience of successfully getting H-1Bs for 'first of their
kind' employees.
Dec 3rd 2003, 7:53 pm
#3
Just Joined
Thread Starter
Joined: Oct 2003
Posts: 24
Re: How to answer these RFE Questions ------------------
JJ:
I am just an HR and know nothing about computer. The only guy who understand about the position is my boss. He's the one who specified that the position required Bachelor Degree or equivalent in Computer Science/Information System. And Yes, the candidate graduated in that Info Sys.
The job specifies that prior work experience/bachelor degree required due to complexity of the task.
Any comments? How long will it take to get the petition done after we submit all those questions. I would really appreciate if you can help us answering those questions or at least an essence of what INS is looking for.
I am just an HR and know nothing about computer. The only guy who understand about the position is my boss. He's the one who specified that the position required Bachelor Degree or equivalent in Computer Science/Information System. And Yes, the candidate graduated in that Info Sys.
The job specifies that prior work experience/bachelor degree required due to complexity of the task.
Any comments? How long will it take to get the petition done after we submit all those questions. I would really appreciate if you can help us answering those questions or at least an essence of what INS is looking for.
Dec 4th 2003, 5:55 am
#4
Guest
Posts: n/a
Re: How to answer these RFE Questions ------------------
"bigbulus" <member17241@british_expats.com> wrote in message
news:[email protected]...
> 1. POSITION ANNOUNCEMENT: To support the petitioner's contention that
> the position is a "specialty occupation", provide copies of the
> petitioner's present and past job vacancy announcement. The
> petitioner may also provide classified advertisements soliciting for
> the current position, showing that the petitioner requires its
> applicants to have a minimum of a baccalaureate or higher degree or
> its equivalents.
> - We met this guy in an event and had an informal chat/interview. We had
> another interview and we think that he's the right guy to work for us.
> 2. PAST EMPLOYMENT PRACITICES: Provide evidence to establish that the
> petitioner has a past practice of hiring person with a baccalaureate
> degree or higher to perform the duties of the proferred position.
> Indicate the number of persons employed in similar positions.
> Further, indicate how many of those persons have a baccalaureate
> degree or higher and the particular field of study in which the
> degree was attained.
> --My questions regarding Q #2:
> a. past practice hiring person with bachelor degree to perform duties of
> the position. does it mean the computer analyst position that he will
> have? We never hired a programmer before. Now, due to business
> expansion and nature of the company, my boss decided to hire a
> programmer to help him develop some kind of business application for
> internal and possibly for business also. So, basically this is the
> first time our company hired a computer guy. I think in this day,
> everybody needs computer guy to work.
Well, Bigbulus, are you the alien or are you the HR person? You have
claimed to be both under the same email address. Oh well, no matter. You
referred to "the lawyer." If this is a competent immigration attorney, he
or she will know exactly what to do about this RFE. If this is not a
competent immigration attorney, I suggest that you hire one ASAP. Unless a
good immigration attorney is involved, this H-1B petition is likely to be
denied. That's reality!!
If the company has no history of employing others in this position, then the
arguments will have to be made from the complexity of the position itself,
and also perhaps from the hiring practices of other employers in your area
who are comparable to yours.
news:[email protected]...
> 1. POSITION ANNOUNCEMENT: To support the petitioner's contention that
> the position is a "specialty occupation", provide copies of the
> petitioner's present and past job vacancy announcement. The
> petitioner may also provide classified advertisements soliciting for
> the current position, showing that the petitioner requires its
> applicants to have a minimum of a baccalaureate or higher degree or
> its equivalents.
> - We met this guy in an event and had an informal chat/interview. We had
> another interview and we think that he's the right guy to work for us.
> 2. PAST EMPLOYMENT PRACITICES: Provide evidence to establish that the
> petitioner has a past practice of hiring person with a baccalaureate
> degree or higher to perform the duties of the proferred position.
> Indicate the number of persons employed in similar positions.
> Further, indicate how many of those persons have a baccalaureate
> degree or higher and the particular field of study in which the
> degree was attained.
> --My questions regarding Q #2:
> a. past practice hiring person with bachelor degree to perform duties of
> the position. does it mean the computer analyst position that he will
> have? We never hired a programmer before. Now, due to business
> expansion and nature of the company, my boss decided to hire a
> programmer to help him develop some kind of business application for
> internal and possibly for business also. So, basically this is the
> first time our company hired a computer guy. I think in this day,
> everybody needs computer guy to work.
Well, Bigbulus, are you the alien or are you the HR person? You have
claimed to be both under the same email address. Oh well, no matter. You
referred to "the lawyer." If this is a competent immigration attorney, he
or she will know exactly what to do about this RFE. If this is not a
competent immigration attorney, I suggest that you hire one ASAP. Unless a
good immigration attorney is involved, this H-1B petition is likely to be
denied. That's reality!!
If the company has no history of employing others in this position, then the
arguments will have to be made from the complexity of the position itself,
and also perhaps from the hiring practices of other employers in your area
who are comparable to yours.
Dec 4th 2003, 8:36 am
#5
Just Joined
Thread Starter
Joined: Oct 2003
Posts: 24
Re: How to answer these RFE Questions ------------------
Sylvia:
I am the alien. I just insert my HR comments in there.
Anyway, based on your comments, it seems that this RFE is BAD?
My lawyer responsed that:
1. If the employer hasn't advertised, then it isn't a big deal. Sometimes, company hire invididuals based on word of mouth or the community. THE FACT: Yes, I actually was referred by someone here. Do you think it is a strong/enough argument?
2. It is alright if the company didn't hire a person with this position in the past. This should not affect my petition.
The lawyer said he will handle those 2 questions. I am not trying to be skeptical with my lawyer here, but I want to get as much information as I can get to answer precisely and exactly what INS is looking for.
So, even though my lawyer will handle those questions, I would like also to work on these.....
Please help....
I am the alien. I just insert my HR comments in there.
Anyway, based on your comments, it seems that this RFE is BAD?
My lawyer responsed that:
1. If the employer hasn't advertised, then it isn't a big deal. Sometimes, company hire invididuals based on word of mouth or the community. THE FACT: Yes, I actually was referred by someone here. Do you think it is a strong/enough argument?
2. It is alright if the company didn't hire a person with this position in the past. This should not affect my petition.
The lawyer said he will handle those 2 questions. I am not trying to be skeptical with my lawyer here, but I want to get as much information as I can get to answer precisely and exactly what INS is looking for.
So, even though my lawyer will handle those questions, I would like also to work on these.....
Please help....
