H-1B Requests for Evidence
Occasionally, the USCIS will send a Request for Evidence (RFE) rather than deny your petition outright. If the evaluating officer feels that some supporting documentation would make your case clear, an RFE is usually the way to go. If you receive an RFE, you will need to respond within the given time window (usually up to three months). There are a few ways to respond to this:
Full response – this means that you submit all of the requested evidence simultaneously with your response. Partial response – these are the most common responses. In a partial response, you only submit some of the requested evidence either because you do not wish to submit it all or you simply do not have the evidence requested. For H1B Visa Process Visit UT Evaluators
No response – you can always withdraw your application. In any case, your first step should be to bring your RFE to your immigration attorney to decide what to do next. The USCIS may be questioning the legitimacy of your employment, the relationship between you and your employer, the nature of your specialty position, or even the credentials of your degree.
The response should fully argue why the submitted evidence addresses all issues brought up by the USCIS.
There are a few cases in which you would need to have a new I-129 petition filed on your behalf. These include changing employers and extending your H-1B status, among other things. However,
if you are remaining with the same employer but some aspect of your position is changing considerably, you may need to have your employer submit an H-1B amendment so that your petition on file can reflect the most accurate information.
The main understanding is that an H-1B amendment is required for situations in which a “material change” has taken place. Usually, this means that your job duties or your job location has changed significantly. To know more information on H1B Visa visit Lanetalab.
If you have gotten a promotion on your H-1B, you may or may not need to have an amendm ent filed. It all depends on whether or not your job duties have changed. Just make sure that your new position meets the same H-1B requirements as the old one and is related to your degree.
If you have an I-140 on file for an employment-based green card and you are changing your job, make sure that everything is in order in regards to the job that you are using for your immigrant visa.