I got an RFE for my h1

The lawyer received the physical copy of the RFE. It has got nothing to do with my documents which are all in order. The RFE is to know which other candidates have been filed in a particular job list.
So what does this query from USCIS mean and how will the lawyer respond to it.

Hi Farooq,

The RFE seems to be checking for possible redundancies in the number of H1b petitions filed for your particular job by the employer. The RFE wants to know how many Software Engineer (assuming this is the job position) petition are being filed by the employer. The USCIS essentially wants to know if you are one off case where the employer couldn’t find an American candidate for the particular job.

So let your employer and attorney this question with tact - imagine if the employer has submitted 20 software engineer petitions, the USCIS can have a very valid argument that why can’t the employer find American candidates and why are so many foreign nationals being brought into the USA?

Hope this solves your confusion.


Thank you for this very informative comment, I have spoken to my employer and they are going to respond it back with a valid case, but I am kind of nervous now since it’s a very tricky situation for my employer and all depends on how the lawyer will be responding to uscis in a very convincing manner. Keeping my finger crossed and may be I have to wait for a couple of more months to hear back and trust me these couple of months are not going to be a easy wait :frowning: and really not sure on what percent of chances I have for an approval.