Hi, my company has applied H1b for me this year and I have gotten RFE for two things

[ahreddy]

Hi, I'm am am aster's student and have graduated last december. My company has apllied for H1b for a business intelligence analyst position in dallas this year and I got my RFE last week.The RFE is regarding LCA application( Wage Level 1) and the duties and responsibilities that were stated in the support letter along with the petition( Please find attached RFE letter) . However, i'm not under any project right now.

RFE is as follows

- The proffered position at a level 1 wage you indicate that it is an entry level position of a comparatively low level relative to other positions within the occupation. The duties you listed do not correspond to a level 1 wage. Therefore, the position, as described in your petition, does not appear to be an entry-level position despite the wage classification you have selected on the LCA. As such, you have not sufficiently established that the petition is supported by a certified LCA that corresponds to a petition. (Please find attached the screenshot of the RFE letter)


You may submit evidence not limited to:

- A letter explaining how the level 1 wage designation LCA that you have provided corresponds to the proffered speciality occupation position.
- documentation to support that the Level 1 wage designation on the LCA application corresponds to the proffered position.


I am worried about what needs to be done as i am not under any client or any project right now. What should I do and can any help me or give advice on what the evidence needs to contain. The position is for Business intelligence analyst in dallas. Please help me regarding this matter.

thanks in advance

[inadmissible]

Find an employer who isn't going to try underpaying you

[ahreddy]

Find an employer who isn't going to try underpaying you

This is a very good company and I'm not underpaid. I just want to get through with the RFE and get my H1B approved, but i want help from you guys in understanding how to form a good response to this RFE and where to find/how to find good evidence to support the claim and convince USCIS. As far I know, my employer wants to convince USCIS that my job is appropriate for wage level 1, for which I have no problem.

Please please help me regarding this. Please guide me.

[SamMumbai]

This is a very good company and I'm not underpaid. I just want to get through with the RFE and get my H1B approved, but i want help from you guys in understanding how to form a good response to this RFE and where to find/how to find good evidence to support the claim and convince USCIS. As far I know, my employer wants to convince USCIS that my job is appropriate for wage level 1, for which I have no problem.

Please please help me regarding this. Please guide me.

We sailing in same boat.
I also received similar RFE and attorney is in process of understanding what to respond. Hope things fall in place.

[parthjinwala]

Same RFE

Can you tell me what action plan as I got same kind of RFE before few days.

Hi, I'm am am aster's student and have graduated last december. My company has apllied for H1b for a business intelligence analyst position in dallas this year and I got my RFE last week.The RFE is regarding LCA application( Wage Level 1) and the duties and responsibilities that were stated in the support letter along with the petition( Please find attached RFE letter) . However, i'm not under any project right now.

RFE is as follows

- The proffered position at a level 1 wage you indicate that it is an entry level position of a comparatively low level relative to other positions within the occupation. The duties you listed do not correspond to a level 1 wage. Therefore, the position, as described in your petition, does not appear to be an entry-level position despite the wage classification you have selected on the LCA. As such, you have not sufficiently established that the petition is supported by a certified LCA that corresponds to a petition. (Please find attached the screenshot of the RFE letter)


You may submit evidence not limited to:

- A letter explaining how the level 1 wage designation LCA that you have provided corresponds to the proffered speciality occupation position.
- documentation to support that the Level 1 wage designation on the LCA application corresponds to the proffered position.


I am worried about what needs to be done as i am not under any client or any project right now. What should I do and can any help me or give advice on what the evidence needs to contain. The position is for Business intelligence analyst in dallas. Please help me regarding this matter.

thanks in advance

[lsomas]

same RFE

Hi All

I am in the same boat as well with same set of questions.Please provide an update if you have responsed for the RFE or got any result

[green.ark]

Same RFE

Hi All

I am in the same boat as well with same set of questions.Please provide an update if you have responsed for the RFE or got any result

Hi All,

I too have a similar RFE asking to explain how entry level wages will fit this applicant. I spoke to my employer & attorney and the attorney suggested that my wages be increased to Level 2/3 and apply for new LCA. Once we receive new LCA my employer will file for a fresh extension with new LCA and as soon as the receipt of the new application is received they would withdraw the current application (the one with RFE) - all this as suggested by attorney.
Not sure if this is the right direction to address this issue. Please let me know if it can be addressed in a different way.

Thanks!

[inadmissible]

green.ark that sounds like a good direction for them to take

[uncertainlife]

H1B Approved After Entry Level Wage RFE

Hi,

My H1B extension was approved after I received an RFE questioning my entry level wages. My attorneys did not suggest a refiling of the application with a new LCA as was suggested in a previous post. Instead they argued to justify my current wages. A three pronged argument was set forward:

i. That I was not the final decision maker on important matters within the company.
ii. That the wage is determined based on the title rather than the years of experience or skills
iii. That it was the business of the Department of Labor to determine appropriate wages and not of USCIS.

My case was approved within 2 days of receipt of the RFE response. My case was filed on premium processing.