RFE on H1B Extension help required.

[radram]

I have been working for company A for last three years (My first term of H1b is going to end by may 15 2008) and they filed for H1 extension with Vermont service center under premium processing and today my company got a fax from USCIS asking some questions regarding my managerial qualifications even though they have filed my application based on senior analyst programmer position. In my department I am the only programmer under my manager. Others are data analyst person and they directly report to my manager. Here are the following questions that has been asked by the USCIS:

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Provide a short answer to the following questions:

How many subordinate supervisors were under the beneficiary's management ?

What were the job titles and job duties of the employees managed ?

What executive / managerial and technical skills were required to perform the overseas duties ?

What defree of discretionary authority in day to day operations did the beneficiary have in the overseas job.

A final decision will not be made for 33 days. During that time you may submit evidence to overcome the reasons for denial.

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My visa is expiring on may 15 2008. What will happen if I do not get the approval by May 15 2008 ?

Did anyone received a letter like that before ?

Why they are asking about the managerial qualifications and number of employees under me when my file is based on a very technical position ?

Do you think the last statement of USCIS mean that I am right now rejected for extension and my approval depends on the document I am supplying ?

How we should approach the answer to the above questions ?

Any uick help will be appreciated as we have to reply to USCIS very quickly.

thanks in advance
Radharamesh[/SIZE]

[DMX17]

[QUOTE=radram]

My visa is expiring on may 15 2008. What will happen if I do not get the approval by May 15 2008 ?

[QUOTE]

Are you sure this is for H1 extension?

From the list of questions, it appears as though USCIS were processing an L-1A petition. I guess this mainly based on the question redarding Managerial Role overseas: "What executive / managerial and technical skills were required to perform the overseas duties ?"

For an H1 extension pending, you can continue working for 240 days after your current I-94 expires.

I, if I were you, would make sure with the employer/lawyer that they filed the forms correctly. Like I said, the questions appear to be more related to L-1A petitions to me.

[radram]

Thanks for the reply. I will check with my company and get back to you if I have any questions.

[DMX17]

Thanks for the reply. I will check with my company and get back to you if I have any questions.

First consultation is free at my firm. Any subsequent questions are $ 100 a pop.

[radram]

It seems like the application, client letter and everything indicates that they are filing for a H1B petition as a Programmer Analyst. I donot know where they have got an idea that they are filing for some managerial position or such type of visa.

Please advise me how my company should reply for the questions above.
Also I have got an appointment to go and talk iwth local USCIS field office to see what they are telling.

What other alternatives should u suggest me. Any advise or help will be appreciated. Thanks.

[txh1b]

I donot know where they have got an idea that they are filing for some managerial position or such type of visa. Please advise me how my company should reply for the questions above.

Doesn't your company have a lawyer? If so, they should handle the RFE. May be USCIS mistakenly sent someone else your RFE and sent their's to you.

Also I have got an appointment to go and talk iwth local USCIS field office to see what they are telling.

No point doing it as H1b belongs to the company and USCIS will only release any info regarding the same to the Company, it's representative or it's attorney. It is just waste of your time.