L1A Individual original petition vs RFE response question

[RM2017]

Hi - I had filed my original petition in Sep 2021 and RFE responded on May 2022 and then finally approval came in Aug 2022.
Now I am planning to appear interview for VISA stamping next week.

when original petition filed we have mentioned in the petition as team size as 10 and then by the time my RFE responded it was 15 we mentioned as its always changes.
So, the question now is, should I be sticking to RFE response information while I am in interview? or stick to original petition? in big time confusion, attorney isn't responding properly when I ask this question.

In DS160 we nowhere mention team size, but my latest support letter has latest information about 15 member team size but I doubt VO would ask for that letter as I believe they always check the petition and would they have latest or original information with them.

Libra_14 or Mertc can you pls answer this ASAP? would it be a big deal if I say team size 15 in RFE response vs 10 in original petition?

[Libra_14]

When original petition filed we have mentioned in the petition as team size as 10 and then by the time my RFE responded it was 15 we mentioned as its always changes.
So, the question now is, should I be sticking to RFE response information while I am in interview? or stick to original petition? in big time confusion, attorney isn't responding properly when I ask this question.

In DS160 we nowhere mention team size, but my latest support letter has latest information about 15 member team size but I doubt VO would ask for that letter as I believe they always check the petition and would they have latest or original information with them.

You need to be a real manager by role, team size doesn't matter much & it keeps changing. There is no published rule from USCIS side as to how much team size minimum is required.

So you are fine as long as your team size is not reduced to zero. In short, keep the latest information (RFE) - as it shows progress in team size.

Last, do not lie, stay with the truth - it will be easy to provide documentary proof if questioned by VO.

[RM2017]

Thanks Libra_14 for your answer - the team size is correct information that we have passed to USCIS in original and as well as during RFE(as always changes). The point that I am trying to make is, whether VO will have access to original petition and as well as RFE information? I see that in many references stating stick to your petition (not this includes RFE as well or not) while answering these type of questions as VO may look at the PIMS petition and verify if the information that I provide matches or not.

May be I should articulate my answer, when petition filed it was 10 members but it has been increased to 15 and the same has been furnished in RFE response?

[Libra_14]

Yes, they do have access to much more history information about you (including what you didn't even submitted to USCIS, from various sources including linkedin, FB, instagram etc). VO will also have access to initial petition, RFE as well as your previous applications, travel history etc.

Again, you are fine as long as your team size is not reduced to zero. In short, keep the latest information (RFE) - as it shows progress in team size., which is good & proves that you are not hiding the truth. Going back to 10 team members can raise his eyebrows that you lied in RFE response to get that approved.

[7hillsrao]

RM2017 team size doesn't matter, you can say any number(direct/indirect), if you are a functional manager you no need to have even one. My case is also same, i am functional manager i have only one direct reports but i do 20 indirect reports/dotted-lines. My attorney said my case is pretty strong, nothing to worry as there were many cases approved similar to mine. It also depends on the employer and what kind of work/role you do, how you manage your team like hiring/firing, budget decisions etc.