mero company mero h1-b file gareko thiyo...now uscis le additional dox magi raacha..!! Lawyer lagayeko thiye vaney sajilo huney thiyo. do you guys know any nepali attorney (phone number) who can at least tell me how i can prepare the additional documents.
ma chai ahile System Admin ma kaam gari rachhu but did my masters in Business administration. Aba kasari MBA lai relate garaune ho mero kaam sanga? ok here's what USCIS is asking
It is not clear that the beneficiary is coming to United States to perform services in a "specialty occupation". the proffered position does not appear to involve such specialization or complexity as to require the knowledge associated with the attainment of a baccalaureate degree or is commensurate with the nature, scope, and /or size of the employer's business enterprise. It is also not clear how the beneficiary will be relieved from performing non-qualifying functions. Therefore, evidence is required to establish that the petitioner can sustain an employee performing duties at the lever required for consideration as a "Specialty Occupation" per 8 CFR 214.2 (h) (4) (ii). Submit documentation highlighting the nature, scope, and activity of the petitioner's business enterprise(s) in order to establish thebeneficiary will be employed with the duties you have set forth. Such evidence may include, but is not limited to:
- A detailed description of the proffered position, to include aproximate percentage of time for each duty the beneficiary will perform; -Copies of any written contracts (or work orders) between the petitioner and the beneficiary or , if there is no written contract, a summary of the terms of the oral agreement under which the beneficiary will be employed that indicates the services being provided by your company and /or the beneficiary. -Documentation of how many other individuals in your establishment are currently, or were employed in the position or similar position (document with copies of the former employees' degrees and evidence of employement such as pay stubs or form w-2s or w-3s) and /or -Brief job descriptions for the majority of positions within the petitioner's employ and approximately how many individuals occupy such positions (to include job titlesw, duties, and education requiremetns).
If you are in real work, get some good laywer, include all the offered letters and evidences of your work../ recent paychecks copy etc.. There is a possibility of approval.
However, to my expereince with some of my friends, they were rejected on the same ground. They came from 'business management' educational background and working in IT.. However, there are some exceptional cases of approval.
SO - get some good lawyer, and work through him. You can contact murthy.com .. they are a bit expensive but..
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