underorders

Hey all, hope you can answer a question.

I am a previous L1B holder (specialised knowledge, intra company) though departed the US toward the end of '08. I now have to return to the US and my employer has petitioned for a new H1B. The reason for that is I work from home in the UK when not travelling on company business and I am no longer attached to a foreign entity.

I expected my petition to be rubber stamped but received the RFE instead in which they question my experience and specialised knowledge. Can they do this, on a legal basis, when they have previously accepted that as cause for the L1B approval? I also had an experience/education evaluation carried out (I'm not currently a Degree holder) which supported my petition.

I know IMO's are not legally minded so does the prior approval give me valid grounds to question this RFE? Seems very odd to me.

Thanks

ian-mstm

Different visas... different requirements.


Yes. See above.


No, it doesn't. You seem to think the US is obligated to give you a visa, and even moreso because you had one in the past. Well... I suggest you rethink your premise.

You'll get a visa if and when you meet the eligibility requirements... but know that even if you meet the requirements the US doesn't have to approve the application. It's their sandbox... and they'll do what they want.

C'est la vie! Oh... I suggest you take the chip off your shoulder.

Ian

Orangepants

Agreed the requirements are different. I was offered a job with an Investment Bank and altho I have BSc and MSc, after careful consideration they decided to place me overseas in London for one year and transfer rather than go for a H1B as at that time L1s were "easier" (whatever that means) to get. There were of course other benefits to doing the overseas year for them and for me. Of course it didn't work out but that is another story.

Michelmas

I think you're right. The very nerve of them. I think you should bring your substantial weight to bear on the American government and immigration services and show them you're not to be messed with.

underorders

Cheers, seems you and Ian have very accurate self descriptives. If you've got nothing worth saying...say nothing.

meauxna

Their delivery may be harsh, but the message is correct. One has nothing to do with the other (previous visa). Maybe you didn't explain it well enough this time, maybe you didn't include appropriate evidence. They don't just look back and re-adjudicate your old information. It's like that all the way up through naturalization; you provide the same information over and over and over. Amazingly, they catch a lot of liars that way.

John Manley

USCIS is RFE'ing everything. I suspect this is a job creation issue for federal workers. The Service Centers seem to like to target the specialized knowledge issue, especially recently. I just submitted a reply to an RFE with a very similar line of questioning as yours. My client could qualify either as an H-1B or as an L-1B. The RFE alone was 6 pages long and our response on this issue was massive.

To give you some perspective, on a family based petition, I just received an RFE asking for 3 years of the petitioner's income taxes for the affidavit of support. The affidavit itself only requires a petitioner to submit one year's worth of taxes. Is it legal for them to ask for more than one year's worth of taxes? Probably not. Rather than arguing that point with them, we gave NVC what they wanted.

ian-mstm

Don't confuse "worth" with "truth". Just because it's not what you want to hear, it doesn't mean it isn't true! Your post reeks of entitlement and, quite frankly, you aren't entitled to diddley squat.

Ian

meauxna

That's good info to know, John.. thanks.
It bugs me, but I agree with your solution.

sir_eccles

It basically translates as "They say jump and you say how high". If you want the visa, then you do what they ask.

Bob

What did the company lawyer have to say about this?

I'd have thought any issues would be up for them to fix if they think you qualify for the visa.

S Folinsky

Hey John. I am truly impressed with your restraint. Really.

underorders

Thanks John

Good to hear a sensible reply. Much appreciated.

Im not after naturaralisation as per a previous comment. Given that I have been previously screened and badged by the DoD, worked on SD and USAID contracts also, I do find this process a little bizarre. Point taken though, each visa has its own requirements.

Kentucky seems an apt home for some by the way.

ian-mstm

With every post you demonstrate your belief in your own superiority. Now you denigrate an entire state because you believe I'm beneath contempt. How sad. At least I have the satisfaction of knowing that I'm not hiding behind anonymity when I post.

Ian

lifehouse51

It's frustrating when there is a request like that, but when you take a step back, it's one of those things that are annoying now, but when you look back you won't think about it as significant anymore. Go through things with the lawyer/legal representative that prepares the application and see what needs to be submitted, or whether L visa should be pursued instead. Take a deep breath, it's not the end of the world

Oh btw, I think there have been reports of a lot of cases of H1-B frauds, and that could be why they're getting more cautious.