Urgent: H1 transfer filed and got an RFE

[Purvi19]

Hello,

I am looking for suggestions about my current H1 filing. I transfered my H1 to a consulting company in Jan 2009 (after company lay offs in Dec 2008). Recently that H1 filed has recd. an RFE (request for additional evidence) from INS. They have asked for several detailed documents from me and the employer.

Considering that INS is very strict right now with H1 cases, what are my options?

1. Go ahead with the RFE and see what happens
2. Withdraw the RFE and file for F1 status
3. Proceed with the RFE, see what happens, and if not approved file for F1

Can someone who might have experienced a similar situation throw some light?

Thanks much!

[DMX17]

I don't think we want to play a guess game. An important piece of the puzzle is left open to imagination.

What's the RFE for in detail?

[Purvi19]

Yes, the RFE entails:

1. Detailed job role and description (level of responsibility, hrs p/week, % of time spent on each duty, etc)

2. Proof of why this position (technical writer) is imp., that it’s common for similar sized offices and line of business, also that petitioner’s competitors normally require a degree for such a position

3. If any job listings about this position were posted by the employer

4. Evidence that the employer only hires degreed individuals, or copies of job advts from similar employers

5. Employers past and present job vacancy announcements

6. EMployers employment practices, products, and services

7. My payroll summary – evidence that I was in a valid nonimmigrant status at the time the petition was filed

8. All W2’s from when I began work in the US on H1

PS: I have no projects with this employer currently, or since Jan 2009, when he filed for my transfer.

Thanks much!