H1B Extension RFE

USA H1B Visa
1

I am full time employee for well known US based company.I got H1B Extension RFE for “Maintained Valid Employer-Employee Relationship”.
USICS has asked to submit documents which proves that my employer Maintained Valid Employer-Employee Relationship throughout previous H1B approved petition.

Also USCIS has mentioned below details -
“You have requested current filling as extension of same employer and employment.
On the current petition you have indicated that beneficiary is employed as Software developer. The petitioner also indicated that they recently submitted permanent labour CERT for beneficiary and pre offered job.
However on the permanent labour certificated submitted to department of labour you have mentioned that beneficiary is working as Computer Systems Analyst. It is unclear of the position that beneficiary is performing. USCIS records does not indicate petitions have been submitted to change of Employment.”

When I checked on Current H1B LCA(ETA Form 9035 & 9035E) Section B(Temporary Need Information 3.SOC Occupation Title) It is mentioned as Compute SYSTEMS ANALYSTS only.
Same has been mentioned on PERM ETA 9089 ( F Occupation title - Computer Systems Analysts).
I am not sure how USCIS has come up with current role as “Software Developer”
My Employer is working on preparing response. Is this valid reason for RFE ?

2

It could be an oversight by USCIS. It may be a simple clerical mistake like missing a number or entering in wrong, when they are checking both…Based on what you mentioned, as long as both the LCA SOC Code and the SOC Code on PERM are same, you are in good shape and there should not be any issue. If there is any other documentation like offer letter, current Job Description in HR System, etc. that states that you are in the correct role since filing H1B, until now, that would also help.

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3

Thanks. We will submit all documents .