bigbulus

Dear Fellas:

I work as an HR in my company. Our company filed a petition (H-1B1) for a person. Unfortunately, we got RFE from INS. Should we worry about this? If we can satisfy all questions, does it mean the petition will be approved? Please help, I need inputs how to answer these correctly, precisely as to what they are looking for. Position dvertised: COMPUTER SYSTEMS ANALYST.

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.
- FACT: We met this in an event and had an informal chat/interview. We had another interview and this guy seemed suitable and fit into the position. So, the company decided to hire.

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:
Is it a REQUIREMENT that we must ever hired a computer guy before in order to be able to sponsor another computer guy? It doesn't make any sense.

- 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?

Please help................. Please help..

supernav

I think you'll have to submit evidence for all that -- or it'll be automatically denied.

What happened in the past is..:

many people would just go register a company from their basement -- and start knocking off tons of h1b sponsorships for their "company" -- just to bring people over. Once here, THEN they'd help them find jobs/contracts (main abusers were indian computer contractors). They busted a ton of these sham applications last year.

You might have to get a lawyer to write convincing arguments on why you CAN'T submit the requested evidence, including other supporting evidence of your company, etc. etc. But "good luck".

-= nav =-

bigbulus

SuperNav:

Any comments/input how to answer these?

Question #1:
It's based on word of mouth. I was referred by colleague there. Do you think it's a strong/enough argument? Word of mouth/community is not unusual these days.

Question #2:
Please give any comments/helps/advices.

Thanks,