5-Page RFE on H-1B Visa 2010 Petition

Raghuram Sukumar H1B Visa 32 Comments

One of our blog readers received a 5 Page RFE on H-1B visa 2010 petition. If you have any thoughts/solutions on this RFE, you can definitely write your comments.

Elveen says

I got a 5-page RFE. One of those asked was involved my “Evaluation of Foreign Education”. My immigration lawyer said that he submitted an evaluation from World Education Services (WES).

He has always used WES and never had a problem before. He says, “Maybe WES had a recent problem with INS”. But I searched the internet, and never found such a problem.

My lawyer’s solution is to have my transcript evaluated by another institution. I’m wondering now if my lawyer got his facts right. I cannot afford his “Maybe” when I only have 1 shot at replying to an RFE.

My RFE also asked for “Evaluation of Training & Expertise” and “Evidence for Recognition of Expertise”. My lawyer said that I need not submit all 3. I just need one, and the easiest would be the “Education Evaluation”.

I could not, however, find any part of the RFE that says “submit any one”. The way I understood it is that I have to submit all 3.

Anyways, can anyone here (especially those approved) tell me what institution did you use for the education evaluation? Or if you used WES and had (or had not) have problems? Thank you.

If anyone reading post this have some answers to Elveen’s question, please leave a comment on this article. It looks like many H-1B visa 2010 petitions submitted by the consulting companies are getting multiple-page queries.


  1. My H1B consultant is saying that USCIS did not accept many H1B applications.

    Is this possible? Does that mean they did not file at all? Can I still file through another consultant?

    1. All applications should have been accepted since the quota has not been reached yet (accepted, not necessarily approved). You should get a receipt #. Check FAQ –
      http://www.happyschoolsblog.com/now-there-is-no-h… .

      As for your other question, yes you can file another application as long as the quota has not been met.

  2. Thank you HSB, and thank you Hope and Star Spangled Banner for your comments…

    I actually found some websites that will evaluate transcripts AND also include an expert opinion letter – which is needed for my RFE of "Evidence for Recognition of Expertise". I will discuss this with my lawyer and see what he thinks.

    Brief background on me : I was an H1b visa holder for 6yrs., currently fulfilling my "1-year-out-of-the-country" obligation so that I may qualify for another H1b. I was, and now again, applying for recruitment specialist. I have done that job for more than 8 years. I have a 4-year bachelors degree which qualified on my last H1b, so it should still qualify now. I think I pretty much fit the position, so it's really just a matter of how my case will be presented (it does boil down to that, huh?).

    I will be working for a recruitment agency in the medical field (would that be the same as a consultancy?). It's a small company, just about 10 employees, which is why I think I got the RFE.

    Any more of your thoughts, I will truly appreciate… I'll post the outcome of my case for the benefit of future readers who might ran in the same situation.

    1. Hi,

      Your 2 cents worth definitely makes sense. What is the best way to check if ones occupation qualifies as a speciality occupation. I am in two minds whether to apply or not.


      1. Thanks Star Spangled Banner for the quick response. Here is my case:

        Global MBA from a reputed US Institution – Jan'09 – Finance Concentration 18 months

        10 months software development experience

        6 years of operations and training experience with Financial Services Firm in India

        1 year of operations, training and project management experience with Institutional Asset Management Firm in US

        I will be continuing with this firm as a contractor and the contracting firm is willing to sponsor. Should I and under which specialty occupation?

        Thanks for all your help

        1. An MBA – I'm not sure what you mean by specialty occupation? Masters Quota is already full and your H1B will come under regular cap.

          1. My apologies for not being clear and if I did not understand this correctly . I wanted to check if my Credentials qualify for an H-1B.

            Also, I read in your today's blog "USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn."

          2. Thats right. If you have an MBA, you should be eligible to apply, but you should talk to your employer and if they are willing to apply for your H1B.

          3. Thanks. The contracting firm is willing to.

        2. Thanks Star Spangled Banner. Given my case what occupation should the visa be filed under?

  3. I am an H1 visa holder for almost a year now. My friend from new york told me that I can already apply for a green card and that all I would need from my employer is a cert. of employment and a letter vouching on my good character. She also advised that I should shoulder all the fees which I am willing to do. However, I have another friend from Virgin Islands who informed that a new rule was created and has been implemented since July of 2008 regarding green card application. The new rule, according to her, states that the employer should be the one to shoulder the fees. If this is the case, it might be more challenging for me to apply for a green card since i work for a school district, which means, budget is limited and that there are several people (the board)who will be involved in the decision making.

    So mainly, my question is: How and when do I start my green card application?


    lee g.

    1. It depends on your case and your employer. Sometimes Employer will pay for GC processing and at times, they will give the required paperworl and you can file for GC through your attorney. Talk to your employer and check how they want to proceed.

    2. @ lee g.

      Why don't you tell them to apply for you and offer them you are gonna give them the money for the expenses?

  4. Hi HSB and Star Spangled Banner – Let me know your views on my case.


  5. I also got 4 page RFE. I am applying as an accountant in a small firm. Now they want me to establish the requirement of an accountant in such a small firm. I have no idea how to establish it. Any suggestions?

    1. ask your employer who currently takes care of their accounting activities. if they don't have an in-house accountant, you can cite how having you can be advantageous. for example, in the long-run, it might be more cost effective to have a company accountant rather than go to an outside consulting firm (if that's what they're doing). if the company is growing, perhaps they want someone knowledgeable enough to take care of payroll distribution. you can also explain that nobody else could take care of it now due to increased workload. accounting is about proper report of finances, saving through possible tax deductions or recommendation as to which bank is best to yeild the best interest, stock options, etc. if they are not getting these from their current accounting practice, then sure enough your presence is justified, even if it's just a small company.

  6. can i apply for H2b extension while my H1b on proces? because i do not want to loose the chance for either one. right now im on h2b, seeking extension for next season, in the mean time i filed my H1b as well.

    i got the H1b receipt already and RFE after that (request for Evidence) for additional evidence. it was minor RFE regarding TARP. My employer sent the reply of TARP that they dont have any funding from the govt. vailout money. now not sure USCIS gonna approve my H1b or not, i hope they do because they did not ask for anything else, seems like everything is correct. my H1 start day is Oct 1st 2009.

    i have H2b in hand till Oct 31st. To go further more after Oct 31 to May 2010 or so extension process started already and need to file by June. although H2b start day is after H1b start day, anytime in NOV or DEC.

    what should i do now? my H1b process is done, got receipt and waiting for final result by anytime. H2b extension needed what if i dont get H1b approval. i do not want to be illegal or leave the country right now. is there any chance to get canceled my H1b if i apply for H2b right now while H1b on process?

    Note: i filed my H1b as a transfer of status from H2b to H1b.

    Please help me…

    1. Hi Jamil,

      I am on the same situation as you. Have you found out more information about having an h2b extension and h1b on processing at the same time? Is this something duable?


      1. yes Simona…. my attorny said, to be on safe side, apply for h2b extension. coz H1b starts from Oct 1st and H2b later on Dec. so, if u get H1b approved then H2b wont work out and break ur H1b. but if u dont get H1b still u have option to be legal by H2b.

  7. H! there, same here.. am a RN still here in the Phils. Filed at CSC under regular processing, receipt date April 29, RFE SENT June 16… Am very worried now, it really saddened me… 🙁

  8. hey, I am currently in the US on L1 visa.

    I attended an interview here and a reputed American publishing company has offered to apply for my H1 visa.

    what do you think? I have a P.G degree in Computer Applications and have 9 years of relevant experience. would appreciate if one of the seniors (s p b, or someone similar) could respond.


      1. hey, thanks.

        my H1 visa application has been approved.

        hsb, could you please send me your email id? I needed to check something with you.


  9. I was the one with the 5-page RFE and…I GOT MY APPROVAL NOTICE! =D

    The response to the RFE entailed documents that stacked up to 2 inches. No joke! Call this luck if you will, but this definitely was not without hardwork!

    One of these days I will post what was written there. For the meantime, I'd like to share some info that might be useful to some:

    – My RFE requested for an "Evaluation of Training and/or Experience by a College Official". The details of this RFE states that a College Registrar must make an evaluation as to whether or not my previous work experience was relevant to the position being petitioned. Of the many I've inquired, I only found one that can assist with such requirement – http://www.trustfortecorp.com.

    Note however that I did not avail of their service. My lawyer submitted instead some document from my previous H1b. I was very hesitant because this was not indicated on my RFE as an alternative (in fact, no alternatives were mentioned at all!). But I got the approval notice, so I guess my lawyer knew better.

    – After submitting our response to the RFE, we found that it was actually incomplete. My employer failed to include the recent ITR and a copy of the Office Lease agreement. Overall, I suppose we were able to prove that the company does exist, hence the approval. So do what you can… if you fall a little short, don't worry, you're still in the game. If your RFE asks for company pictures, include the building directory and make sure the company name is visible.

    This was a very stressful ordeal, heightened by the fact that I have to communicate with my employer from overseas. I also found that my employer's "energy" dwindled after receiving the RFE. It was, afterall, much easier to ignore the RFE than to work on it. Fortunately, I have a friend in the US who constantly bugged and checked if they got the requirements ready. This definitely would not have been accomplished without her.

    So my advice to future applicants… make sure your prospective employer is willing to go through the whole nine yards before striking any deal with them.

    I look forward to reading forums about the interview preparation.


  10. Here's my story,

    Like most of us, I too got the" 5 page strange RFE" …same ol' story in it…employer info…tax return and some more proof of its existence…heck they also wanted pictures of the building…how pathetic is tht….well tht being said…i sent them all tht….now a mnth later they sent me another RFE….i just got update..but actual RFE will get to lawyer in couple of days….

    Ok I understand one RFE (tht too the strange one) but another one…tht totally shocked me….and cant help myself wondering…wht do they want now?…and how good are my chance now tht i got another RFE ?

    Something like this happened to anyone here? any guidance….any guess….anything?


  11. Hi,

    This is about h1b transfer case.

    I got a 3 page rfe where they have asked for detailed information about position offered, project plan, 3 months pay stubs with current employer and also they want to view the work records on previous h1b.

    I can provide all but work with last h1b employee, because the project i worked was under NDA (Non-Disclosure Agreement) and thus can't give any details about same. I could provide the timesheet though for a month.

    How do I counter this third part. Do you think I will get approval if I provide all and write about the work records being nda, unable to submit. Of course everything will be submitted by the attorney. Needless to say my company is quite supportive till now and they are helpful.



    1. I thnk you shld ( if you can ) a formal letter from the last company about the project being NDA. Bcoz tht wld be considered more official by the INS, rather than just writing about it being NDA. Tht shld shut heir mouth rather than gettin more in to details bout the project and it will be official as it came form the company and not as you claiming it.

  12. Hello

    I applied for a L1 to H1 transfer with premium processing on Nov 6, and now, my consultant says that there is a 7-Page RFE on my application.

    I am yet to get the complete details of the query, and we are going to respond to it.

    My consultant says that there are a bunch of queries regarding my education, and my relevant work experience, and pay stubs and w2's.

    I dont understand this because, we had submitted every single document mentioned already along with our application.

    I see that a lot of people have faced a similar situation before. Any general tips and sharing your experience is greatly appreciated. Thanks!

  13. I work for a company X .I have applied for an H1 extension through normal processing.This is my second extn and I have been in states for 3 and half years

    H1 petition expiry date : 06/17/2010
    Receipt Date for company x : 04/16/2010
    RFE Date : 06/25/2010

    My company has still not responded to this RFE.

    In the meantime I got an offer from company Y.I accepted the offer.They filed for premium trasferring of my h1 extn .I have received an RFE on this as well

    Premium processing receipt date : 07/09/2010
    RFE Date : 07/21/2010

    I have talked to the company Y on 07/22 and they informed me that they havent received anything yet.After they receive they will take action

    My questions ?>

    1.I thought they send the RFE in fax for premium processing and on the same day as they update the status on the website.My future employer is claiming he hasnt received any.Is this true ?

    2.Other…what state i am in …i think i am in a really deep **** situation..can someone advise me on this.

    In the meantime my current employer is going to reply to RFE somewhere in the next 15 days.
    I am confused …please help

  14. Hello Elveen,

    Trustforte Corp is one of the most authentic evaluators. You can even try Foreigndegrees.com or Morningside evaluators. Also, make sure you get a copy of the evaluation report from the lawyer.

  15. Hi ,

    My Employer has filled New H1B in OCT’11 in PP. in Nov 10th I received Second RFE From them.

    RFE Details :

    1 ) They are asking ” Evaluation of my Education by a reliable Education Credentials Evaluation Services ” who specializes in evaluating foreign credentials . Can anyone suggest from where I can have evaluation Report of my education ?

    2) Specialty Occupation . USCIS has asked for W2 and copies of transcripts and degrees of individual employees of the company whom they hired with the same designation which they have offered me .

    Is this really tricky ?? I have my Bachelor’s degree from my Home Country. I highly doubt that any bachelor has the same designation which i have offered in the company (Most of them have master’s ) . Also i doubt that my company attorney had not submitted my previous employment proofs .

    Can someone please suggest me what to do in this case ?? Any suggestions will be highly appreciated.


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