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Thread: H1B picked but got an RFE

  1. #1

    Exclamation H1B picked but got an RFE

    Hello all,

    My background : I am working full time in a reputed company on STEM extension. I Graduated in 2015 and since then working full time with the same company. I even did my internship at the same company on CPT.

    I got an RFE asking me "provide proof that you have specialty occupation work available for the requested H-1B validity period"
    They are asking me to expand more on the role and duties .

    In additional they are also asking signed copies of my 2 or 3 recently filed federal income tax returns.

    The only thing that bothers in is that I have filed an amendment for 2014 year, also I worked on campus in 2013 year for 1 month for which I haven't filed any return. Would that bother me ? or should I file them as well?

    The thing is I do not have my W2 statements for those.

    Kindly advise.
    thank you

  2. #2
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  3. #3
    Quote Originally Posted by verma.j View Post
    Hello all,

    My background : I am working full time in a reputed company on STEM extension. I Graduated in 2015 and since then working full time with the same company. I even did my internship at the same company on CPT.

    I got an RFE asking me "provide proof that you have specialty occupation work available for the requested H-1B validity period"
    They are asking me to expand more on the role and duties .

    In additional they are also asking signed copies of my 2 or 3 recently filed federal income tax returns.

    The only thing that bothers in is that I have filed an amendment for 2014 year, also I worked on campus in 2013 year for 1 month for which I haven't filed any return. Would that bother me ? or should I file them as well?

    The thing is I do not have my W2 statements for those.

    Kindly advise.
    thank you
    Even if you worked for 1 day, you should have gotten a W-2 or 1099 from the school. Why didn’t you receive one? If your income is below a certain level, filing tax returns is not required. But if USCIS is asking for 2 or 3 years, all you need to do is furnish 2016 and 2015. Why give them 3 if they will be happy with 2?
    You should be discussing this with your ATTORNEY. Requesting tax returns of the Beneficiary is not a normal request for H-1B RFEs. Tread carefully and don’t even think about doing this on your own.

  4. #4
    Quote Originally Posted by verma.j View Post
    Hello all,

    My background : I am working full time in a reputed company on STEM extension. I Graduated in 2015 and since then working full time with the same company. I even did my internship at the same company on CPT.

    I got an RFE asking me "provide proof that you have specialty occupation work available for the requested H-1B validity period"
    They are asking me to expand more on the role and duties .

    In additional they are also asking signed copies of my 2 or 3 recently filed federal income tax returns.

    The only thing that bothers in is that I have filed an amendment for 2014 year, also I worked on campus in 2013 year for 1 month for which I haven't filed any return. Would that bother me ? or should I file them as well?

    The thing is I do not have my W2 statements for those.

    Kindly advise.
    thank you
    Even if you worked for 1 day, you should have gotten a W-2 or 1099 from the school. Why didnít you receive one? If your income is below a certain level, filing tax returns is not required. But if USCIS is asking for 2 or 3 years, all you need to do is furnish 2016 and 2015. Why give them 3 if they will be happy with 2?
    You should be discussing this with your ATTORNEY. Requesting tax returns of the Beneficiary is not a normal request for H-1B RFEs. Tread carefully and donít even think about doing this on your own.

  5. #5
    Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/posts/1839231516094209 13th Aug - Please review comments from other users

  6. #6
    Dont worry even i have got a similar kind of RFE. Get a tax professional and if you got a w2 from the college then have them file the return.Nothing to worry ..... relax

  7. #7
    I am assuming that your LCA and the H1B was filed for a "Computer Programmer" position. There have been numerous posts about a USCIS memo stating that this position will not be considered a specialty occupation and might not warrant for a visa. 3 out of 5 applications picked up in the lottery at my company got RFE for similar reasons. In my opinion, the only way out is to prove to them that this position indeed requires a higher education degree and special skill set that the candidate possess. As far as the tax filing is concerned, if you worked on campus legally with a SSN, the University should have given you a W-2 even if your income was not taxable. Talk to the concerned office at your campus and they should be able to help you out.

  8. #8
    Thank you for your reply,
    I confirmed with my attorney and they have asked my company's tax returns. I mistook it for my tax returns.
    Since my company is public the attorneys are going to submit the annual reports.

    However the RFE states as follows, the nomenclatures are pretty confusing.
    Can you guys tell me if my attorneys are right ?

    ""Provide evidence that you have specialty occupation work available for the requested H-1B validity period. The following list contains suggested evidence that may be submitted. This list is not inclusive; you may submit other similar types of evidence that you feel will establish sufficient specialty occupation.
    -Signed copies of your two or three most recently filed Federal income tax returns to include all required schedules and statements"

  9. #9
    Quote Originally Posted by DesiOPT-FaceBook-Fan View Post
    I am assuming that your LCA and the H1B was filed for a "Computer Programmer" position. There have been numerous posts about a USCIS memo stating that this position will not be considered a specialty occupation and might not warrant for a visa. 3 out of 5 applications picked up in the lottery at my company got RFE for similar reasons. In my opinion, the only way out is to prove to them that this position indeed requires a higher education degree and special skill set that the candidate possess. As far as the tax filing is concerned, if you worked on campus legally with a SSN, the University should have given you a W-2 even if your income was not taxable. Talk to the concerned office at your campus and they should be able to help you out.
    Hi,
    As I said the ta returns they asked are for my company. I mistook it. My attorney cleared this.
    Also my LCA was submitted for "QA Engineer" and not "computer programmer" role.
    Have you hear any of the QA applications getting these RFE's ?

  10. #10
    Quote Originally Posted by DesiOPT-FaceBook-Fan View Post
    Dont worry even i have got a similar kind of RFE. Get a tax professional and if you got a w2 from the college then have them file the return.Nothing to worry ..... relax
    Hi,
    What does your RFE says ?
    Mine was asking for my employer's tax returns not mine.
    But I want to confirm it.

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