H1B Transfer- RFE, NON-IT backgroung

Question

I recently changed my employer and my new employer applied for H1B transfer. I have received and RFE in response to my H1B petition. The RFE is about Evaluation of my undergrad degree. I have done MBA from USA and Undergrad in mechanical engg. from India but my job is in IT.     I have been working in IT for 3.5 years now. My company's lawyer is handling this case but i feel like she doesn't have experience with this kind of RFE. Because she was going to reply the RFE with my Mechanical engg degree evaluation that doesn't have any IT courses.     I have experience letters from my previous employer that shows i have been working in IT for 3.4 years now. Would that be enough to prove my expertise in my job?

**I had H1B visa until 2015 with my previous employer and it has been revoked now.

Answer 1

Here is the requirements for H-1B visa

 - A Bachelor's degree or Masters Degree (or the foreign equivalent degree from your Country)
 - 12 years work experience, OR A mix of further education + work experience

The general H1B visa qualification rule is: 
- for every 1 year of studies at University / College = 3 points
- for every 1 year of work experience = 1 point

12 points in 'total' are required to qualify for the H1B visa program

 

(Source: h1base)

Answer 2

As a lawyer I would not simply respond with an evaluation; you have to show that the job is "in your field"  and 3.4 years of IT experience is not equivalent to an IT degree.  I would include a memorandum of law must be prepared to show that as a matter of law, the mech eng. degree is "in the field" of IT, due to the job duties.

Also, an expert affidavit might be obtained that goes over any core coursework that is common between IT and mech eng, (perhaps by finding an IT-related degree) etc.

We've been seeing a lot of scrutiny on this issue, as well as the "third party job shop" issue, the "specialty occupation" issue, and the "organizational complexity" issue.

But simply responding with a mech eng evaluation is probably a very risky move.

 

Hassan M. Ahmad, Esq.

The HMA Law Firm

 

Comments

Thanks Hassan,
I have a asked my lawyer to prepare a memo. I have another question, I am planning to take the Ceritification exam next week on the software i work on, So i can use it as an additional evidence.
My question is will there be any issue as i will be taking exam after receiving RFE?