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Just a brief history
I am currently on L1B (since Feb 2017) working as solutions architect in my company.
However my role is more of an executive and am not involved into any day to day activities.
So my company decided to file for L1A upgrade after consulting with our attorney.
However our first attempt on L1A failed with comments that it seems there is not enough document-based evidence even though we have assertion letters from your SVP.
My attorney/HR believes that this is wrong interpretation and they refiled my case again under L1A category.
This time apart from normal roles/responsibilities letter signed by HR & SVP, we also had a explicit supporting document section putting down
a) Letter from Sr Delivery Manager explaining its his team that is responsible for realization and supporting the application
b) Detailed Org chart
c) Project Reports across various delivery streams who realize the actual architecture solutions proposed by me
Unfortunately again we got an RFE and its so irritating to see concerns like
Based on the description of duties, Software Architect does not appear to operate in primarily a managerial capacity
on a day-to-day basis. In addition, you submitted an organization chart which shows the beneficiary
does not oversee any subordinates. As such, USCIS is unable to determine who performs the typical.
ordinary, operational duties to support the project on day-to-day basis. Therefore, although you state
the beneficiary is managing a function, he appears to be performing the duties to support the function
as opposed to managing the essential function for your organization.
Any thoughts how to address this when material submitted already addresses the above queries.
Regards
P.S:- I had worked as an Solutions Architect and than AVP for 3 years with my Indian office before shifting to US. So that criteria is met
I am currently on L1B (since Feb 2017) working as solutions architect in my company.
However my role is more of an executive and am not involved into any day to day activities.
So my company decided to file for L1A upgrade after consulting with our attorney.
However our first attempt on L1A failed with comments that it seems there is not enough document-based evidence even though we have assertion letters from your SVP.
My attorney/HR believes that this is wrong interpretation and they refiled my case again under L1A category.
This time apart from normal roles/responsibilities letter signed by HR & SVP, we also had a explicit supporting document section putting down
a) Letter from Sr Delivery Manager explaining its his team that is responsible for realization and supporting the application
b) Detailed Org chart
c) Project Reports across various delivery streams who realize the actual architecture solutions proposed by me
Unfortunately again we got an RFE and its so irritating to see concerns like
Based on the description of duties, Software Architect does not appear to operate in primarily a managerial capacity
on a day-to-day basis. In addition, you submitted an organization chart which shows the beneficiary
does not oversee any subordinates. As such, USCIS is unable to determine who performs the typical.
ordinary, operational duties to support the project on day-to-day basis. Therefore, although you state
the beneficiary is managing a function, he appears to be performing the duties to support the function
as opposed to managing the essential function for your organization.
Any thoughts how to address this when material submitted already addresses the above queries.
Regards
P.S:- I had worked as an Solutions Architect and than AVP for 3 years with my Indian office before shifting to US. So that criteria is met
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