H1B Cap Exempt: RFE around "Beneficiary Qualification" and "In-House Employment".

Hi Kumar / Saurabh,

My H1B Cap exempt petition was filed on June 10th. It was upgraded to premium on 28th Oct and I got RFE on 06th Nov. USCIS is requesting for further evidence in regard to “Beneficiary Qualification” and “In-House Employment”. I have been to USA before on H1B and worked from there for 2 years on the same project. I am not sure why USCIS issued RFE for “Beneficiary Qualification”. Can you please advise on how this RFE should be addressed and what all documents I should provide? I am B.E. in Information Technology and have 8+ years of experience in Software Quality Assurance.

Regarding “In-House Employment”- Mine is a client project, but I will work from my employer’s own office. I have client letter, MSA, SOW and Onsite Manager letter. Our SOW renews in first quarter of every year. So current SOW is valid till 31st Dec 2015 and there is a high possibility that SOW will be renewed again for 2016. If my company respond back to USCIS before SOW is renewed, then will the current SOW suffice? I have client letter signed by client, MSA, Itinerary of Services documents.

Please help in understanding how this RFE can be handled in a best possible way. Thanks.

Beneficiary Qualification: You can include documents to show how you qualify for the offered position. You can include information about your education and work experience letters.

In-house Employment: If SOW is issued every quarter, then mention the same in letter to USCIS. Also submit old SOWs to show that they were indeed issued every quarter.

Having said that, a qualified attorney is in best position to respond to the RFE.