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Member Profile: FreeThinkerH1 (61 posts)

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Hello, I'm FreeThinkerH1 (report this user)
I am from India
I last logged in on 10 Jan 2018
I have been a member since 09 Feb 2017
I have added 61 posts in trackitt forums
I added my last post on 09 Jan 2018
FreeThinkerH1's Immigration Cases
 
H-1B case: Approved in 90 days (4 days less than average)   (4 comments)
User: FreeThinkerH1 Nationality: India
Application Type:extensionService Center:California
Processing Type:premiumApplication Filed:10 Oct 2017
USCIS Received Date:11 Oct 2017Receipt Number:WAC****
RFE Received?:yesRFE Received Date:06 Nov 2017
Reason for RFE:Right to Control, Specialty Occupation, Project ItineraryRFE Replied Date:22 Dec 2017
Application Status:approvedApproval/Denial Date:08 Jan 2018
TN Status:Most Recent LUD:
Total Processing Time:90 daysDays Elapsed:
Case Added to Tracker: 08 Jan 2018 Last Updated: 08 Jan 2018
Notes: RFE receipt USCIS On 26 2017, Status approved on January 8 2018,CSC Center. Mechanical Engineering background,Software Developer(1132),Wage level 3, Big MNC Software Consulting- EC Model
FreeThinkerH1's Posts
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Posted in H-1B Forum on 09 Jan 2018
Topic: NON Computers(CS or IT) Background cases in California Service

First of all, I did not get a RFE for specialty occupation and Qualification (Mechanical Degree)
My RFE was to prove you are doing job duties which is specialty occupation work. I am a senior Software developer with Wage level 3
So I provided breakups and percentage of time spent on each job duties and as I am a lead , I also gave duties related to supervising developers
Apart from that I gave 3 documents/Presentations that I prepared such as Design docs, Planning and analysis document that are specialty in nature to attorney. Not sure if Attorney included that in response

I have read in other posts that you need to give education/experience evaluations, Experience letters from Organizations,Expert opinion letters to prove your degree subjects in context with your jobs. Your attorney will help or take care of that since it is a transfer
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Posted in H-1B Forum on 08 Jan 2018
Topic: NON Computers(CS or IT) Background cases in California Service

No the RFE has nothing to do with Education. It was just for the Proffered Position.
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Posted in H-1B Forum on 08 Jan 2018
Topic: NON Computers(CS or IT) Background cases in California Service

I just got approval After RFE . Converted Premium Filing on November 1st 2017
Mechanical Engineering .
SOC Code- Software developers,Applications (15-1132),Wage 3.
Big IT Company working on EC Model.
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Posted in H-1B Forum on 08 Jan 2018
Topic: USCIS:Correspondence Was Received And USCIS Is Reviewing It

My guess is - This can very well be the same status where USCIS reviews the RFE Documents
You may hear back something very soon.
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Posted in H-1B Forum on 26 Dec 2017
Topic: Non CS background in Vermont Service Center

Hi

What is your next step?

What does your manager and employer (CG) say?
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Posted in I-140 Forum on 20 Dec 2017
Topic: Diversity VISA Lottery Program and Effect on Legal GC Program

Source:
https://www.ndtv.com/world-news/will-get-rid-of-...

There is a chance on Trump getting rid of Diversity VISA Program lottery process . Hopefully this will be accepted in Legal Immigrant community who are waiting in line to get greened

What is the chance if this happens will reduce the line of legal Immigrant waiting queue?
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Posted in H-1B Forum on 20 Dec 2017
Topic: RFE on H1 Level 1 Wage

Congrats!

Can you tell us your SOC Code and occcupation ?
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Posted in H-1B Forum on 15 Dec 2017
Topic: H1B denial tracker for indians returning back to India

Friend,

I agree This has been a depressing forum lately particularly when users are sharing all their negative experiences and if something is positive (with Approval tracker) no body is sharing their details to help! ONLY seeing approval may not help in future

I hope your case sails through. All the Best!
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Posted in H-1B Forum on 15 Dec 2017
Topic: H1B denial tracker for indians returning back to India

Buddy!

I have noticed you have been always raising flag on Non CS Degrees even if RFEs are asking other questions :)

Specialty Occupation RFE IS NOT EQUAL to degree relation with your work

FYI , If Non Comp is a flag they will ask that in RFE as to check beneficiary qualification and duty check , Without asking the are not denying or cannot deny

Plus Last week only I have seen my direct friend's H1B Extension approval with Electronics and Inst background that to without RFE, He is not the one another lady with EEE degree working as Test consultant in my project has got approval after 2 RFEs that to her education was not questioned

It all depends what the adjudicator picks. To your point ,yes these are all RFEable questions but adjudicator will judge based on what is asked

Non computers with all experiences keep on getting approval with degree,experience evaluations and expert opinion letters USCIS Has not changed its stand .
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Posted in H-1B Forum on 14 Dec 2017
Topic: H1B Transfer Denied in Premium, Options I have?

It is understandable.

But definitely they can refile with corrcetion based on denial notice. It is about time you will be back again.Don't loose hope.

Just as MTR and refiling + approval takes time just check with manager and practice and make sure if you can work from Outside US or transfer . This is very new situation for CG or any other service company . It is not our fault and we work diligently for them.

Give your contact details if I can be of any help!
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Posted in H-1B Forum on 14 Dec 2017
Topic: H1B Transfer Denied in Premium, Options I have?

What is the next option for you? Will you be moving back to India and re file? I work for CG so want receive some input for this scenario.
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Posted in H-1B Forum on 14 Dec 2017
Topic: H1B Transfer Denied in Premium, Options I have?

Sorry to hear about your denial.

Being a Database administrator SOC Code should not be computer systems analyst , It should have been "15-1141 Code for DBAs. Not sure why your employer filed with Computer Systems Analyst Level 2 Wage

What is your salary range?

DBA is a specialty occupation with experience. Would suggest to wait for denial reason (may be other factors) and rectify the filing next time. Hope things fall in place for you.
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Posted in H-1B Forum on 12 Dec 2017
Topic: Speciality Occupation & Beneficiary Qualification RFE

Tough luck !

I had a friend just visited my home this weekend, his H1 transfer with an american staff aug (contracting company) got approval last week in flat 7 days without RFE. He was from Elec. and Instrumentation background . Looks like proper filing with correct use of wording are keys. Even as per him he did not submit educational eval. as he did not find time with his new Org.
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Posted in H-1B Forum on 12 Dec 2017
Topic: Speciality Occupation & Beneficiary Qualification RFE

There are a number of ways attorneys use to prove this that I know ( some years back and now frequently too)

Get all your experience plus courses in bachelors which related to CS Field (weightage) evaluated and provide details on how an individual attended the required skill through progressive work experience in past years

This can be well elaborated experience letter , expert opinion letters or educational/experience evaluation.

looks like USCIS Accepts 3years of experince as 1 year of course of study . This style is also adopted by attorneys
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Posted in H-1B Forum on 12 Dec 2017
Topic: Speciality Occupation & Beneficiary Qualification RFE

Friend!
Your Specialty Occupation RFE knowledge is misplaced
They are not issued for educational degrees with occupation , they are issued to prove you require bachelor's degree and what you are doing is complex and require bachelor's degree to perform job (Not an entry level work)
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Posted in H-1B Forum on 11 Dec 2017
Topic: H1B denial tracker for indians returning back to India

Tough Luck. I work from same Organization. so let me know what is your next step? (Are you a US Hire or India?
With Computer Systems analyst Role a Level 2 Wage is risky as this mentions (In OOH) that This Role does not "always" require a degree
USCIS will take this "Always" word seriously when they see Level 1 Wage or Level 2 Wage (Level 2 signifies Moderate-Complex task)

The proof and RFE response is key here May be you can rectify this in your next filing .
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Posted in H-1B Forum on 07 Dec 2017
Topic: H1 Transfer RFE on job duties - non CS

Thank You.
Still this is scary as Level 4 wages should justify any position is complex and requires a degree.
Not sure how the attorney had filed this response. (Since it was a H1 Transfer and you cannot control much unlike own organization extension)
All the best to you with your current endeavors.
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Posted in H-1B Forum on 07 Dec 2017
Topic: H1 Transfer RFE on job duties - non CS

Oh Boy! good that you are covered for now.
I know it is a lot of question.
Do you by chance know your Job role and LCA SOC Code for denial petition?
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Posted in H-1B Forum on 03 Dec 2017
Topic: Use this Thread to track RFE Reviews

I am not sure who told you about 2nd RFE on education or it is his/her personal opinion.
But It advisable to concentrate on this RFE first and provide best justification.
2nd RFE s are so common now a days it is like your First RFEs from earlier days . So that can happen too but you cannot tell that now .
So how come they did not ask about education in this RFE? You are not sure whether they are ok or not So better give best information now itself and hope for approval. I am in same situation and was not asked about education in my RFE. You can give ur number to further discuss.
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Posted in H-1B Forum on 01 Dec 2017
Topic: Use this Thread to track RFE Reviews

I think Specialty Occupation RFE and educational degree relation/evaluation RFE are 2 separate things.

They are separately questioned not as specialty. In specialty you can prove your points using 2-3 points and 4 prongs.

For educational degree Relation , I still see hope if you have experience and Non CS combination with proper justification points . (I see approvals here in Trackitt)- They are questioned as separate point not as specialty occupation I believe.

Freshers with Non CS background will have tough time to prove.

*** My personal View and not a legal statement***
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