Most users who got lucky in this year’s H1B registration lottery would have petitioned USCIS for the 2021 H1B visa. As per USCIS 2020 reportThere were approximately 35% of H1B petitions that ended in Request for Evidence (RFE). One of our readers who requested petition H1B 2021 as a status change received an RFE relating to maintaining F1 visa status. The user (anonymous) was kind enough to take the time and share the samples of the same about how RFE was approached and finally get approval. Thank you to our reader for sharing all the details. I hope it helps others who may find themselves in a similar situation.
Background to the H1B 2021 petition
- MS in Computer Science in US Schools.
- Worked on OPT & STEM OPT.
- STEM OPT expired in July 2020.
- We are currently working on STEM OPT in Cap Gap.
- Applied for a cap in the H1B registration for the 2021 financial year, lottery was selected in the first round
H1B Petition Premium Processing, maintenance of RFE status
My petition was sent in April but after waiting 3 months we upgraded to Premium in the first week of July. The RFE was issued the next day after USCIS received the Premium Requirements Package. However, we learned that after 15 days we received RFE (the status never changed to RFE. We received your case and sent you an email notification). H1B’s online case status can be misleading. Always ask your employer or lawyer. The H1B-RFE was related to maintaining F1 visa status as my H1B was filed as an Amendment (COS).
Why do I have H1B RFE – possible reasons?
After my master’s degree, I worked for a total of 3 different employers (including the current one). All changes to employers have been updated by DSO in SEVIS as I shared the same details. I checked the changes in the SEVP portal. I believe the RFE was issued because my last I20 filed with the H1B petition had the parent company name, but my H1B was filed by a subsidiary. Although throughout the I-983 STEM training plan, the company name was listed as the subsidiary / parent company ex. Google / Alphabet. Below is the RFE that I received.
USCIS RFE copy to maintain status
Below is the copy of the RFE obtained from USCIS.
RFE response to maintain status – F1 Cap Gap
My company submitted the RFE response within the timeframe. Below are things that have been submitted:
- All pay stubs and W2 tax forms after my graduation with all employers
- Experience letters from previous employers
- All I-983 training plans
Below is a list of the documents I have submitted relating to the current employer
- Weekly to-do lists that I made in my company
- List of Jira tickets in the CSV file (Jira – internal development tracking system)
- 7 week training plan designed by the manager
- Bi-weekly power point deck that I gave based on the i983 training plan
- Cover letter proving that I did not work at the customer site. I included the address I’m currently working at, and the address was also the same as it was on the training plan, along with details of how my degree is relevant to the job. Explains about all the subjects I did in Master’s and Bachelor’s degrees and how they are relevant
- List of courses that are enrolled in Syllabus (relevant for the above point on the bi-weekly Power Point, training plan)
- Snapshot of my profile’s git page with post
- A Pull Request (PR) on GitHub Snapshot example as the process follows. So the i983 training plan states that the work I do will be reviewed by my manager and the manager will review the code and request or approve changes if necessary. So I did a PR on one of my tickets where my manager asked me to make some changes and after making changes he eventually approves them. So the whole talk about PR.
H1B approval: We received H1B approval 8 calendar days after submitting the RFE response. Hope this experience helps others.
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