-Human

Hey there,
My application was selected for the H1b visa. Unfortunately, USCIS
issued an RFE on April 26. I received the RFE from the lawyer on July
1 and the time period to reply USCIS expires on July 22.
The RFE is about my education justification. I have a degree in
Graphic Designing and the lawyer applied for a position as System
Administrator. USCIS is asking for justification as to how do I
qualify for a job with a different educational background. Just to let
you know that I have a degree from the US.
Any ideas on how to get the issue resolved.
The lawyer does not seem to be interested in working on application as
he is not replying my emails or my phone calls.
Please help.
Thanks in advance

J. J. Farrell

On Jul 7, 3:24 pm, human <[email protected]> wrote:
> Hey there,
> My application was selected for the H1b visa. Unfortunately, USCIS
> issued an RFE on April 26. I received the RFE from the lawyer on July
> 1 and the time period to reply USCIS expires on July 22.
> The RFE is about my education justification. I have a degree in
> Graphic Designing and the lawyer applied for a position as System
> Administrator. USCIS is asking for justification as to how do I
> qualify for a job with a different educational background. Just to let
> you know that I have a degree from the US.
> Any ideas on how to get the issue resolved.
> The lawyer does not seem to be interested in working on application as
> he is not replying my emails or my phone calls.

It's your potential employer who's applying for the H-1B
authorisation, so it's up to them to justify it. What justification do
you or they have? From what you say above, it doesn't sound like you
are qualified for an H-1B as a system administrator. The degree
doesn't appear to be related, so won't count for much if at all. Do
you have at least 12 years experience as a System Administrator?

Sorry to put a damper on things, but from what you say here I'm
puzzled why the H-1B application was ever made. Sounds like a bozo of
a lawyer unless there's other relevant information you haven't given
here.

-Human

Hey there,

Yes I do have experience as a System Administrator in the USA for an
year and I also have 3 Microsoft Certifications.

I did asked my lawyer at the time of submission of the application to
file it for a graphic designer and than well go from there ,but he
just ignored my suggestions just the way he is ignoring me right now
and I am the one who is looking for asnwers in order to get the issue
resolved.
I have already paid him around $1900.00 and he is asking for $500.00
for each RFE he replies in my case.
Let me know how can I prove to the USCIS that I can perform a system
administrators task.
Do you know of some evaluation companies or professors that can do
this for me?
Thanks.

Noorah101

That doesn't sound the same as the 12 years that J.J. was referring to.

That doesn't sound right, either. I was under the impression that the employer paid all the fees for your
visa.

Best Wishes,
Rene

Elvira

That sounds very wrong - very fishy in fact.

I wonder who this 'employer' is - could it be one of those 'consultant' outfits that get people over and then try to hire them out - or bench them, as the case may be...

J. J. Farrell

On Jul 7, 7:29 pm, human <[email protected]> wrote:
>
> Yes I do have experience as a System Administrator in the USA for an
> year and I also have 3 Microsoft Certifications.

Nowhere near 'degree equivalence' unfortunately.

> I did asked my lawyer at the time of submission of the application to
> file it for a graphic designer and than well go from there ,but he
> just ignored my suggestions just the way he is ignoring me right now
> and I am the one who is looking for asnwers in order to get the issue
> resolved.

This doesn't make any sense. H-1B applications are for a particular
job with a particular employer at a particular location. You can't
just choose what to put on the application. If they filed for you as a
graphic designer and then you worked for them as a system
administrator, you would be working illegally and they would be
committing a few offences.

> I have already paid him around $1900.00 and he is asking for $500.00
> for each RFE he replies in my case.
> Let me know how can I prove to the USCIS that I can perform a system
> administrators task.

It doesn't much matter whether or not you can do the job. The question
is whether or not the job qualifies for an H-1B, and if it does
whether or not you have the necessary qualifications. The job has to
require a relevant 4 year USA degree or equivalent, where 3 years of
experience at the appropriate level in a similar job can substitute
for 1 year of the degree. If you're saying that a graphic designer
with a couple of years experience as a sysadmin can do the job, then
it doesn't sound like the job qualifies for an H-1B in the first
place. You're in a catch-22 here.

J. J. Farrell

On Jul 7, 7:47 pm, Noorah101 <[email protected]>
wrote:
> ...
> > I did asked my lawyer at the time of submission of the application to
> > file it for a graphic designer and than well go from there ,but he
> > just ignored my suggestions just the way he is ignoring me right now
> > and I am the one who is looking for asnwers in order to get the issue
> > resolved.
> > I have already paid him around $1900.00 and he is asking for $500.00
> > for each RFE he replies in my case.
> > ...
> ...
> That doesn't sound right, either. I was under the impression that the
> employer paid all the fees for your visa.

The law requires the employer to pay certain of the fees associated
with filing the petition; other fees and any additional expense can be
paid by anyone. A decent employer would pay all the lawyer and other
fees; even the cheapskates often pay part. This looks like some sort
of scam from a variety of points of view.

another Bob

In article <[email protected]. com>,
human <[email protected]> wrote:

> Hey there,
>
> Yes I do have experience as a System Administrator in the USA for an
> year and I also have 3 Microsoft Certifications.
>
> I did asked my lawyer at the time of submission of the application to
> file it for a graphic designer and than well go from there ,but he
> just ignored my suggestions just the way he is ignoring me right now
> and I am the one who is looking for asnwers in order to get the issue
> resolved.
> I have already paid him around $1900.00 and he is asking for $500.00
> for each RFE he replies in my case.
> Let me know how can I prove to the USCIS that I can perform a system
> administrators task.
> Do you know of some evaluation companies or professors that can do
> this for me?
> Thanks.
>
The MS certs are usually not helpful in the US or Canadian immigration
unless the job requires it. BTW, I think the training "graphics" plus
anything is almost always puts up a flag. For example, the lawyer would
unlikely be able to get an H1 for a graphics profession except maybe in
marketing of graphics services or something.

If the layer wasnt 500 for the RFE, your company (or you) should get
some kind of guarantee or refund agreement. I think that the law firm
should have addressed this in the application as it is kind of basic.
It is not unusual to get an RFE but this one is probably tricky.

another Bob, not a lawyer .