L-1 RFE

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Old Apr 28th 2004, 1:39 pm
  #1  
Cyndi
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Posts: n/a
Default L-1 RFE

Hello Everyone:

My husband got an RFE for the extension of his L-1 a few weeks back
asking for evidence that his "knowledge was uncommon, noteworthy or
distinguished by some unusual quality and not generally known by
practitioners in the field and apart from the elementary or basic
knowledge possessed by others."

My husband was transferred to the US office in 2001 (on an L-1 visa)
after performing well at another office location in our home country.
He was involved in imparting training to a number of his company's
offices/clients worldwide before he came here. Also, his company has
a proprietary software system.

What kind of documents would help in proving this point - would
sending achievement and merit certificates awarded in the company or
training certificates help? Also, is there a strong probability that
our application might be denied -- we have got the RFE from the Texas
Service Center.

I know it's hard to answer the last question but I was just wondering
if there is anyone who has had a similar experience lately.

Thanks for your responses,
Cyndi.
 
Old Apr 29th 2004, 7:20 am
  #2  
Ingo Pakleppa - see web site for email
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Posts: n/a
Default Re: L-1 RFE

I suspect that the merit certificates etc. may make a little bit of a
difference, but they shouldn't be the only thing.

Rather, USCIS wants to see evidence that he has some specific skills that
others in his field of work wouldn't have. So the emphasis should be on
"his skills are different" more than on "his skills are better".

The proprietary software system can be a major advantage in this context
(do be aware that claiming that could possibly interfere with getting a
Green Card, though).

My guess is that the RFE does not indicate a problem, except possibly that
the paperwork could have been organized better to emphasize his skills.

On Wed, 28 Apr 2004 06:39:19 -0700, Cyndi wrote:

    > Hello Everyone:
    >
    > My husband got an RFE for the extension of his L-1 a few weeks back
    > asking for evidence that his "knowledge was uncommon, noteworthy or
    > distinguished by some unusual quality and not generally known by
    > practitioners in the field and apart from the elementary or basic
    > knowledge possessed by others."
    >
    > My husband was transferred to the US office in 2001 (on an L-1 visa)
    > after performing well at another office location in our home country. He
    > was involved in imparting training to a number of his company's
    > offices/clients worldwide before he came here. Also, his company has a
    > proprietary software system.
    >
    > What kind of documents would help in proving this point - would sending
    > achievement and merit certificates awarded in the company or training
    > certificates help? Also, is there a strong probability that our
    > application might be denied -- we have got the RFE from the Texas
    > Service Center.
    >
    > I know it's hard to answer the last question but I was just wondering if
    > there is anyone who has had a similar experience lately.
    >
    > Thanks for your responses,
    > Cyndi.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Apr 29th 2004, 3:34 pm
  #3  
Cyndi
Guest
 
Posts: n/a
Default Re: L-1 RFE

Hi Ingo,

Thanks a lot for your reply -- I really appreciate you taking the time
to answer my post (as well as those of others in this group!).

We have passed on all the information regarding the company's
proprietary software system and my husband's specialized skills
(including certificates obtained at various levels of training in the
company's software) to the company's lawyers who are preparing a
response to the USCIS.

I am curious, however, as to why this might prove to be an
interference in the Green Card process. In any event, right now we are
totally focussed on getting the L-1 and will do the needful to get
that. Will keep you posted on how this goes.

Many thanks,
Cyndi

Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. ..
    > I suspect that the merit certificates etc. may make a little bit of a
    > difference, but they shouldn't be the only thing.
    >
    > Rather, USCIS wants to see evidence that he has some specific skills that
    > others in his field of work wouldn't have. So the emphasis should be on
    > "his skills are different" more than on "his skills are better".
    >
    > The proprietary software system can be a major advantage in this context
    > (do be aware that claiming that could possibly interfere with getting a
    > Green Card, though).
    >
    > My guess is that the RFE does not indicate a problem, except possibly that
    > the paperwork could have been organized better to emphasize his skills.
    >
    > On Wed, 28 Apr 2004 06:39:19 -0700, Cyndi wrote:
    >
    > > Hello Everyone:
    > >
    > > My husband got an RFE for the extension of his L-1 a few weeks back
    > > asking for evidence that his "knowledge was uncommon, noteworthy or
    > > distinguished by some unusual quality and not generally known by
    > > practitioners in the field and apart from the elementary or basic
    > > knowledge possessed by others."
    > >
    > > My husband was transferred to the US office in 2001 (on an L-1 visa)
    > > after performing well at another office location in our home country. He
    > > was involved in imparting training to a number of his company's
    > > offices/clients worldwide before he came here. Also, his company has a
    > > proprietary software system.
    > >
    > > What kind of documents would help in proving this point - would sending
    > > achievement and merit certificates awarded in the company or training
    > > certificates help? Also, is there a strong probability that our
    > > application might be denied -- we have got the RFE from the Texas
    > > Service Center.
    > >
    > > I know it's hard to answer the last question but I was just wondering if
    > > there is anyone who has had a similar experience lately.
    > >
    > > Thanks for your responses,
    > > Cyndi.
    >
    > --
    > Remember, I am strictly a layperson without any legal training. I encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    >
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    >
    > Please visit my new FAQ at http://www.kkeane.com (always under construction)
    >
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    >
    > Please feel free to enjoy some of my photographs at my Web site
    > http://www.ingopakleppa.com ! Comments are welcome.
 
Old Apr 30th 2004, 7:24 am
  #4  
Ingo Pakleppa - see web site for email
Guest
 
Posts: n/a
Default Re: L-1 RFE

The reason I said it might interfere with the GC process is that for GC
processes, you can't use qualifications acquired after your husband
started working for that employer. So if the proprietary software system
was the only thing that makes your husband stand out, he may end up left
with nothing much to show for GC purposes.

The rationale is that if the employer had to train your husband, instead
they should have hired an American and trained him.

On Thu, 29 Apr 2004 08:34:50 -0700, Cyndi wrote:

    > Hi Ingo,
    >
    > Thanks a lot for your reply -- I really appreciate you taking the time
    > to answer my post (as well as those of others in this group!).
    >
    > We have passed on all the information regarding the company's
    > proprietary software system and my husband's specialized skills
    > (including certificates obtained at various levels of training in the
    > company's software) to the company's lawyers who are preparing a
    > response to the USCIS.
    >
    > I am curious, however, as to why this might prove to be an interference
    > in the Green Card process. In any event, right now we are totally
    > focussed on getting the L-1 and will do the needful to get that. Will
    > keep you posted on how this goes.
    >
    > Many thanks,
    > Cyndi
    >
    > Ingo Pakleppa - see web site for email <[email protected]> wrote in message
    > news:<[email protected]>. ..
    >> I suspect that the merit certificates etc. may make a little bit of a
    >> difference, but they shouldn't be the only thing.
    >>
    >> Rather, USCIS wants to see evidence that he has some specific skills
    >> that others in his field of work wouldn't have. So the emphasis should
    >> be on "his skills are different" more than on "his skills are better".
    >>
    >> The proprietary software system can be a major advantage in this
    >> context (do be aware that claiming that could possibly interfere with
    >> getting a Green Card, though).
    >>
    >> My guess is that the RFE does not indicate a problem, except possibly
    >> that the paperwork could have been organized better to emphasize his
    >> skills.
    >>
    >> On Wed, 28 Apr 2004 06:39:19 -0700, Cyndi wrote:
    >>
    >> > Hello Everyone:
    >> >
    >> > My husband got an RFE for the extension of his L-1 a few weeks back
    >> > asking for evidence that his "knowledge was uncommon, noteworthy or
    >> > distinguished by some unusual quality and not generally known by
    >> > practitioners in the field and apart from the elementary or basic
    >> > knowledge possessed by others."
    >> >
    >> > My husband was transferred to the US office in 2001 (on an L-1 visa)
    >> > after performing well at another office location in our home country.
    >> > He was involved in imparting training to a number of his company's
    >> > offices/clients worldwide before he came here. Also, his company has
    >> > a proprietary software system.
    >> >
    >> > What kind of documents would help in proving this point - would
    >> > sending achievement and merit certificates awarded in the company or
    >> > training certificates help? Also, is there a strong probability that
    >> > our application might be denied -- we have got the RFE from the Texas
    >> > Service Center.
    >> >
    >> > I know it's hard to answer the last question but I was just wondering
    >> > if there is anyone who has had a similar experience lately.
    >> >
    >> > Thanks for your responses,
    >> > Cyndi.
    >>
    >> --
    >> Remember, I am strictly a layperson without any legal training. I
    >> encourage everybody to seek competent legal counsel rather than relying
    >> on usenet newsgroups.
    >>
    >> Please support H.R. 539, H.R. 832 and S. 1510. More information at
    >> http://www.kkeane.com/lobbyspousal-faq.shtml
    >>
    >> Please visit my new FAQ at http://www.kkeane.com (always under
    >> construction)
    >>
    >> My email address in usenet posts is now invalid for spam protection.
    >> See my Web site for information on how to contact me.
    >>
    >> Please feel free to enjoy some of my photographs at my Web site
    >> http://www.ingopakleppa.com ! Comments are welcome.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Apr 30th 2004, 7:19 pm
  #5  
Cyndi
Guest
 
Posts: n/a
Default Re: L-1 RFE

Hi Ingo,

I understand your point -- however, he did receive most of his
training in the first 3 yrs while working in his company's office in
our home country before he came to the US. Would that help?

Thanks,
Cyndi.


Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. ..
    > The reason I said it might interfere with the GC process is that for GC
    > processes, you can't use qualifications acquired after your husband
    > started working for that employer. So if the proprietary software system
    > was the only thing that makes your husband stand out, he may end up left
    > with nothing much to show for GC purposes.
    >
    > The rationale is that if the employer had to train your husband, instead
    > they should have hired an American and trained him.
 
Old May 1st 2004, 7:34 am
  #6  
Ingo Pakleppa - see web site for email
Guest
 
Posts: n/a
Default Re: L-1 RFE

Possibly, yes. I'm not actually sure about this scenario.

On Fri, 30 Apr 2004 12:19:02 -0700, Cyndi wrote:

    > Hi Ingo,
    >
    > I understand your point -- however, he did receive most of his training
    > in the first 3 yrs while working in his company's office in our home
    > country before he came to the US. Would that help?
    >
    > Thanks,
    > Cyndi.
    >
    >
    > Ingo Pakleppa - see web site for email <[email protected]> wrote in message
    > news:<[email protected]>. ..
    >> The reason I said it might interfere with the GC process is that for GC
    >> processes, you can't use qualifications acquired after your husband
    >> started working for that employer. So if the proprietary software
    >> system was the only thing that makes your husband stand out, he may end
    >> up left with nothing much to show for GC purposes.
    >>
    >> The rationale is that if the employer had to train your husband,
    >> instead they should have hired an American and trained him.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
 

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